Derbabian v. Bank of America, N.A., Case No. 14-1253 (6th Cir. Oct. 17, 2014) (unpublished).
Ruling:
The Sixth Circuit affirmed the District's Court's dismissal of plaintiffs' eight-count complaint relating to the foreclosure-by-advertisement of their home.
Specifically, plaintiffs (i) failed...
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,...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 7 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,...
Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 7 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In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer...
Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 8 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In an unpublished opinion, the Sixth Circuit Court of Appeals affirmed the summary judgment dismissal of the plaintiff's complaint alleging wrongful foreclosure and slander of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
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)
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...
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
11 years 9 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...
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...
