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GOLDMAN SACHS BANK USA, V RHEA ANN BROWN; GREGORY KEVIN MAZE

Summarizing by Timothy Anzenberger

CURTIS V. AMMEC INVESTMENTS, II, ET AL.

Summarizing by Paris Gyparakis

Home » Professional Practice Areas » Lender Liability

Crumpton v. Stephens (In re Northlake Foods, Inc.)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 12 years 10 months ago
Citation:
Case No. 12-15603 (11th Cir. May 6, 2013)
Ruling:
The Eleventh Circuit Court of Appeals AFFIRMED the District Court ruling that AFFIRMED the Bankruptcy Court's ruling that the issuance of dividends to a debtor's shareholder to offset tax liability...
Judge(s):
Tjoflat, Martin and Jordan
Tag(s):

Vassalle v. Midland Funding LLC

  • Summarized by James Morgan , Howard & Howard
  • 13 years 1 week ago
Citation:
Vassalle, et al. v. Midland Funding, et al., Case Nos. 11-3814/3961/4016/4019/4021 (6th Cir. February 26, 2013)
Ruling:
The Sixth Circuit Court of Appeals reversed the decision of the U.S. District Court for the Northern District of Ohio approving a class action settlement and certifying a nationwide class. The...
Judge(s):
Circuit Judges Moore and Cole; District Judge Rose, sitting by designation
Tag(s):

Hasbun v. Recontrust Co., N.A.

  • Summarized by B. Chandler , Louisiana State University Paul M. Hebert Law Center
  • 13 years 1 month ago
Citation:
Case No. 11-15214 (11th Cir. February 13, 2013)
Ruling:
The Eleventh Circuit AFFIRMED the order of the United States District Court for the Southern District of Florida dismissing the case of Eugenia Hasbun (“Plaintiff”) with prejudice. ...
Judge(s):
TJOFLAT, MARTIN and FAY
Tag(s):

Sherzer v. Homestar Mortgage Services

  • Summarized by Manuel Arreaza , Consumer Financial Protection Bureau
  • 13 years 1 month ago
Citation:
Sherzer v. Homestar Mortgage Services, No. 11-4254 (3d Cir. Feb. 5, 2013)
Ruling:
In precedential decision, the Third Circuit held that an obligor may exercise her right to rescind a loan subject to TILA by notifying the creditor in writing within the three-year statutory...
Judge(s):
Sloviter, Rendell and Hardiman, Circuit Judges
Tag(s):

Glazer v. Chase Home Finance LLC

  • Summarized by Michael Coury , Glankler Brown, PLLC
  • 13 years 2 months ago
Citation:
Glazer v. Chase Home Finance LLC, __ F.3d ___, Case No. 10-3416 ( 6th Cir. January 14, 2013)
Ruling:
The Court affirmed the trial court's finding that the mortgage servicer was not a debt collector under the Fair Debt Collection Practices Act and that a subservicer who attempts to collect debts...
Judge(s):
Griffin and Kethledge, Circuit Judges; Thapar, District Judge
Tag(s):

The Unsecured Creditors Committee v. Community Bank (In re Stinson Petroleum Co., Inc.)

  • Summarized by Alexander Nicas , Goodwin Procter LLP
  • 13 years 2 months ago
Citation:
No. 12-60234 (January 7, 2013)
Ruling:
The Chapter 7 trustee could not prove that the defendant in a preference action (§ 547(b)) received more than they would have in a Chapter 7 liquidation because, according to Mississippi state...
Judge(s):
BARKSDALE, DENNIS, and GRAVES, Circuit Judges. (Per Curiam opinion).
Tag(s):

Bond Safeguard Insurance Co. v. Wells Fargo Bank, N.A.

Citation:
Case No. 11-15478 (11th Cir. December 21, 2012)
Ruling:
Bond holder sureties ("Sureties") of property developers ("Debtors") lacked standing to bring certain claims against Wells Fargo Bank and Key Bank ("Lenders") because their claims are general in...
Judge(s):
Marcus, Pryor, Friedman (District Judge for the District of Columbia, sitting by designation)
Tag(s):

Ball Kelly, LLC v. Bank of America, N.A.

  • Summarized by Lars Fuller , BakerHostetler
  • 13 years 4 months ago
Citation:
Ball Kelly, LLC, d/b/a Taylor Kelly, LLC v. Bank of America, N.A., No. 11-3369 (10th Cir. 2012)
Ruling:
10th Circuit affirmed the U.S. District Court for the District of Kansas dismissal of complaint for failure to state a claim where plaintiff subcontractor asserted claim for equitable lien in...
Judge(s):
Kelly, Baldock, and Ebel (10th Circuit).
Tag(s):

Rodriguez v. Countrywide Home Loans, Inc. (In re Rodriguez)

  • Summarized by Peter Ruggero , Ruggero Law Firm PC
  • 13 years 6 months ago
Citation:
Case No. 11-40056 (5th Cir. September 14, 2012)
Ruling:
Affirmed bankruptcy court's class action certification order providing for class of chapter 13 debtors and injunctive relief against home lender from collecting unauthorized fees.
Judge(s):
Garza, Dennis, and Higginson
Tag(s):

Gale v. First Franklin Loan Services

  • Summarized by Eryk Escobar , Department of Justice
  • 13 years 6 months ago
Citation:
2012 U.S. App. LEXIS 18545 (9th Cir. 2012)
Ruling:
The Court of Appeals for the Ninth Circuit (the "Court of Appeals") affirmed in part the District Court's ruling. The Court of Appeals held that First Franklin Loan Services ("Franklin") was not...
Judge(s):
Sidney R. Thomas, M. Margaret McKeown, and William A. Fletcher, Circuit Judges. Opinion by Judge McKeown.
Tag(s):

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