Summers v. Financial Freedom Acquisition LLC

Citation:
Summers v. Financial Freedom Acquisition LLC; Case No. 14-1930 (1st Cir. October 23, 2015)
Ruling:
Plaintiff lacked standing to challenge two mortgage assignments and mortgagee's failure to file claim in decedent's probate proceeding did not bar its recovery of sums due under a reverse mortgage...
Judge(s):
Howard, Chief Judge; Selya and Thompson, Circuit Judges.
Tag(s):

Brumfiel v. Lewis (In re Brumfiel)

Citation:
Brumfiel v. Lewis, et al. (In re Brumfiel), Case No. CO-15-014 (B.A.P. 10th Cir. October 8, 2015). Unpublished.
Ruling:
Claims debtor fails to disclose in her bankruptcy schedules remain estate property upon closing of the case and bankruptcy court has jurisdiction to approve a settlement respecting those claims...
Judge(s):
Karlin, Cornish, Michael (Karlin)
Tag(s):

First Citizens Bank and Trust Company, Inc. v. River Walk Farm, L.P., et al.

Citation:
No. 14-14356 (11th Cir. Aug. 18, 2015).
Ruling:
The Eleventh Circuit affirmed the District Court's finding that the assignee of underlying loans, promissory notes, deeds and guarantees had presented sufficient evidence to establish the damages...
Judge(s):
Carnes, Tjoflat and Wilson, Circuit Judges
Tag(s):

Kansas Ins. Guaranty Assoc. v. FDIC

Citation:
2015 WL 4647980 (10th Cir. Aug. 6, 2015) (Case Nos. 14-3063, 14-3064)
Ruling:
The Tenth Circuit affirmed the district court's summary judgment ruling in favor of the plaintiff, BancInsure. Applying Kansas law, the Court held that the "insured v. insured" exclusion in the...
Judge(s):
Kelly, Holmes, and McHugh, Circuit Judges.
Tag(s):

Dags II, LLC v. Huntington National Bank and Fourteen Corp.

Citation:
15a049n.06
Ruling:
District Court's summary judgment in favor of Huntington National Bank ("HNB") and its wholly owned subsidiary Fourteen Corp. ("14") was reversed and remanded on the grounds that there were...
Judge(s):
Cole, Chief Judge, Moore and Clay, Circuit Judges
Tag(s):

Peterson v. Katten Muchin Rosenman LLP

Citation:
Case No. 14-3632
Ruling:
The Seventh Circuit reversed the district court's order dismissing the bankruptcy trustee's legal malpractice complaint against Katten Muchin Rosenman LLP ("Katten"), holding that the trustee...
Judge(s):
Easterbrook, Bauer, and Sykes
Tag(s):

Christie v. The Bank of New York Mellon

Citation:
Ninth Circuit Court of Appeals, No. 14-55012 (June 11, 2015)
Ruling:
Plaintiff did not have standing to challenge assignees' enforcement of a promissory note and deed of trust because of alleged irregularities in connection with the assignment of the promissory note...
Judge(s):
Lipez, Wardlaw and Murguia
Tag(s):

Mbaku, et al. v. Bank of America, et al.

Citation:
Mbaku, et al. v. Bank of America, et al., No. 14-1379 (10th Cir. 2015)
Ruling:
Tenth Circuit affirmed Rule 12 dismissal of pro se plaintiffs' due process, equal protection, and Colorado Fair Debt Procedures Collections Act (CFDPCA) claims asserted based on bank's foreclosure...
Judge(s):
Briscoe, McKay, Phillips
Tag(s):

Turner v. Wells Fargo Bank (In re Turner)

Citation:
BAP No. NC-14-1139-KiTaD (June 2, 2015) (unpublished)
Ruling:
Chapter 13 Debtors lacked standing to assert claims against lenders and loan servicer defendants based on alleged violations of a home mortgage trust’s pooling and servicing agreement.
Judge(s):
KIRSCHER, TAYLOR and DUNN, Bankruptcy Judges.
Tag(s):

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