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Stelmokas v. Kodzius

  • Summarized by George Spathis , Horwood Marcus & Berk Chartered
  • 14 years 1 week ago
Citation:
Non-precedential Disposition: United States Circuit Court of Appeals for the Seventh Circuit, 11-3193
Ruling:
The Seventh Circuit held that debts are not except from discharge by 11 USC §523(a)(2)(A) unless the alleged fraud relates to something other a false statement regarding the Debtor's overall...
Judge(s):
Hon. Frank H. Easterbrook, Chief Judge, Hon. William J. Bauer, Hon. Dianee P. Wood
Tag(s):

Ponce v. BCA Financial Services, Inc.

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 14 years 4 weeks ago
Citation:
11-13688 (11th Cir. Feb 14, 2012) (unpublished)
Ruling:
- Summary judgment on claims under Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. affirmed where (a) letter sent to invalid address was not "initial communication" but...
Judge(s):
BARKETT, MARCUS and MARTIN
Tag(s):

Warren v. Sessoms & Rogers, P.A.

  • Summarized by Jon Powers , White and Williams LLP
  • 14 years 2 months ago
Citation:
___ F.3d ___ (4th Cir. Jan. 11, 201s) (Case Nos. 10-2105, 10-2155)
Ruling:
The Fourth Circuit Court of Appeals reversed the decision of the United States District Court for the Eastern District of North Carolina, finding that the court erred in (1) granting Appellees'...
Judge(s):
Judges Motz, Gregory, and Floyd
Tag(s):

Nicholas v. Allianceone Receivables Management, Inc.

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 14 years 2 months ago
Citation:
11-13764; D.C. Docket No. 0:10-cv-60783-KMM
Ruling:
The Eleventh Circuit Court of Appeals affirmed the District Court's holding that where a consumer prevails in a lawsuit brought under the Fair Debt Collection Practices Act, the consumer may not...
Judge(s):
Dubina, Pryor and Kravitch
Tag(s):

Clark v. Shapiro and Pickett, LLP

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 14 years 2 months ago
Citation:
No. 10-15119 (Jan. 11, 2012) [Do Not Publish]
Ruling:
Affirming district court's grant of summary judgment in favor of Defendants on borrower-Plaintiff's multi-count complaint against her mortgage lender and their attorneys for violations of the Fair...
Judge(s):
Barkett, Marcus & Anderson
Tag(s):

Marx v. General Revenue Corp.

  • Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
  • 14 years 2 months ago
Citation:
10-1363
Ruling:
In this Fair Debt Collection Practices Act (FDCPA) case, the Tenth Circuit affirmed judgment for the defendant, debt-collector, General Revenue Corp. (GRC) on two issues. First, the Tenth...
Judge(s):
Kelly and Gilman (Sixth Circuit Judge sitting by designation); Lucero (filing written dissent on both issues).
Tag(s):

Dunham v. Portfolio Recovery Associates, LLC

Citation:
Eighth Circuit Court of Appeals, Docket no. 11-1553
Ruling:
For the Purposes of the Fair Debt Collection Practices Act (FDCPA), a non-debtor mistakenly targeted by a debt-collection effort is a "consumer" protected by the Act. But while a person mistakenly...
Judge(s):
Melloy, Smith, and Benton, Circuit Judges, Opinion by Smith.
Tag(s):

Nelson v. Bank of America, N.A., et. al.

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 14 years 4 months ago
Citation:
Nelson v. Bank of America, N.A., 6:10-cv-00929-MSS-DAB
Ruling:
The Eleventh Circuit affirmed the district court's dismissal of Nelson's verified complaint. The Eleventh Circuit held that nothing express or implied in the United States Treasury's Home...
Judge(s):
CARNES, MARTIN and ANDERSON
Tag(s):

Velazquez v. Countrywide Home Loans Servicing, L.P.

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 14 years 4 months ago
Citation:
Case No. 10-20609 (5th Cir. October 17, 2011)
Ruling:
Reversed and Remanded. In a very detailed examination of principles of contract interpretation, the Fifth Circuit held lender's ability to collect fees from Chapter 13 estate is governed by loan...
Judge(s):
King, Davis and Garza, Circuit Judges
Tag(s):

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