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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 » Personal Bankruptcy Topics » Mortgage

Carlson v. U.S. Bank (In re Carlson)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 5 months ago
Citation:
Carson v. U.S. Bank, N.A. (In re Carlson), No. 14-6024 (BAP 8th Cir. October 17, 2014)
Ruling:
The 8th Circuit BAP affirmed the rulings of the U.S. Bankruptcy Court for the District of Minnesota denying debtors' motion for violation of automatic stay, violation of homestead exemption,...
Judge(s):
Federman, Saladino, Shodeen
Tag(s):

Rubin v. Fannie Mae

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 11 years 5 months ago
Citation:
Case No. 13-1010 (6th Cir. 2014)
Ruling:
FNMA and FHFA are not "state actors" within scope of 5th Amendment, such that non-judicail foreclosure process is not violation of Due Process Clause of 5th Amendment. Once redemption expired,...
Judge(s):
McKeague, Griffin and Polster
Tag(s):

Slorp v. Lerner, Sampson & Rothfus

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 11 years 5 months ago
Citation:
File name 14a0745n.06; Docket No. 13-3402
Ruling:
In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer...
Judge(s):
Moore, Gibbons and Sutton; opinion by Gibbons
Tag(s):

Connolly v. Deutsche Bank National Trust

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 11 years 6 months ago
Citation:
File Name: 14a0709n.06; Docket No. 13-2522
Ruling:
In an unpublished opinion, the Sixth Circuit Court of Appeals affirmed the summary judgment dismissal of the plaintiff's complaint alleging wrongful foreclosure and slander of title. The Court of...
Judge(s):
Gibbons, McKeague and Stafford; opinion by McKeague
Tag(s):

Lopez v. Bank of America (In re Lopez)

  • Summarized by Walter Kelley , Kelley, Lovett, Blakey & Sanders, P.C.
  • 11 years 6 months ago
Citation:
Lopez v. Bank of America (In re Lopez), Case No. 14-10518 (11th Cir. Sept.3, 2014)(unpublished)(per curiam)
Ruling:
The debtor may "strip off" or void a junior lien, where the amount of debt securing the senior lien exceeds the value of the house.
Judge(s):
Wilson, Rosenbaum, Fay
Tag(s):

America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 6 months ago
Citation:
America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) Case No. 12-60052 (9th Cir. CA August 29, 2014)
Ruling:
Judge Huck delivered the Opinion of the majority. Legal fees incurred defending an appeal by a creditor previously determined to have violated the automatic stay are included in § 362(k)(1)'s...
Judge(s):
J. Clifford Wallace and Ronald M. Gould, Circuit Judges, and Paul C. Huck, Senior District Judge (for the U.S. District Court for the Southern District of Florida, sitting by designation)
Tag(s):

Minnesota Housing Finance Agency v. Schmidt (In re Schmidt)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 6 months ago
Citation:
Minnesota Housing Finance Agency v. Schmidt (In re Schmidt), No. 13-2447 (8th Cir. 2014)
Ruling:
Eighth Circuit Court of Appeals affirmed U.S. District Court, which affirmed bankruptcy court's confirmation of Chapter 13 plan over objection of creditor. Issue was whether Chapter 13 debtor...
Judge(s):
Colloton, Shepherd, Kelly
Tag(s):

General Lending Corp. v. Cancio

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 11 years 7 months ago
Citation:
General Lending Corp. v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).
Ruling:
The Circuit Court found that GLC could have identified the eligibility issues as early as July 2010 but failed to closely inspect the Debtor's schedules, that the Debtors had maintained their plan...
Judge(s):
Pryor, Martin and Edmondson
Tag(s):

Bank of America v. Waits (In re Waits)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 11 years 7 months ago
Citation:
No. 14-11408 (11th Cir. Aug. 21, 2014)
Ruling:
Order allowing debtor to extinguish second-priority mortgage lien on home when first-priority lien exceeded fair market value of home was affirmed, with the Court observing that it was bound to...
Judge(s):
TJOFLAT, JORDAN, and BLACK, Circuit Judges
Tag(s):

Negrete v. Citizens State Bank (In re Negrete)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 7 months ago
Citation:
Negrete v. Citizens State Bank (In re Negrete), 9th Cir. Bankruptcy Appellate Panel (BAP), CC-13-1557-PaKiTa (August 7, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the Bankruptcy Appellate Panel affirmed the bankruptcy court’s order denying Debtor's motion for reconsideration of an order denying his motion for contempt.
Judge(s):
PAPPAS, KIRSCHER AND TAYLOR, Bankruptcy Judges.
Tag(s):

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