In re Perales, ___ B.R. ___ (B.A.P. 6th Cir. 2012)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed a bankruptcy court’s order granting the Chapter 7 debtor’s motion to redeem his motor vehicle for the lump...
Judge(s):
Emerson, McIvor, and Preston, Bankruptcy Appellate Panel Judges
Debt Collector under Fair Debt Collection Practices Act is strictly liable for pursuing collection after debtor notified debt collector in writing that debt was disputed. Individual defendant was...
Judge(s):
John T. Noonan, Carlos T. Bea, Circut Judges, and Donald E. Walter, Senior District Judge sitting by designation.
Summarized by Mark Melickian , Raines Feldman Littrell LLP
14 years 2 months ago
Citation:
Case no. 11-1423, 7th Circuit Court of Appeals (decided March 7, 2012)
Ruling:
Overturning the district court, the 7th Circuit panel held that a plaintiff successfully pled various state law contract and tort claims against a mortgage servicer that she alleged improperly...
Judge(s):
Kenneth Ripple (Circuit Judge); David Hamilton (Circuit Judge); Sue E. Myerscough (District Court Judge - CD Illinois - sitting by designation). Opinion by Hamilton; concurrence by Ripple.
Summarized by George Spathis , Horwood Marcus & Berk Chartered
14 years 2 months 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Non-precedential Disposition: United States Circuit Court of Appeals for the Seventh Circuit, 11-3193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
- 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...
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'...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 3 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...
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
14 years 3 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...
Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
14 years 4 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).
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.
