The 11th Circuit Court of Appeals affirmed the decisions of the District Court for the Southern District of Florida related to an adversary proceeding for non-dischargeability of a Chapter 7 Debtor...
Judge(s):
Dubina, Chief Judge; Marcus and Martin, Circuit Judges.
The Ninth Circuit held that the lender's failure to publicly announce the postponement of a non-judicial foreclosure sale violated Hawaii’s non-judicial foreclosure statute and constituted a...
In re Calloway, ___ B.R. ___ (B.A.P. 6th Cir. 2012)(unpublished)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed the bankruptcy court’s order denying the Chapter 13 co-debtors’ motion seeking relief from the order...
Judge(s):
Fulton, Harris, and Shea-Stonum, Bankruptcy Appellate Panel Judges
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
14 years 2 months ago
Citation:
No. 10-14618 (March 15, 2012) [Not Published]
Ruling:
Vacated and Remanded. The Debtor's complaint on its face states a claim upon which relief may be granted under the FDCPA. Unofficial lessons of this case: The FDCPA clearly defines the term...
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.
William McIntyre v. BNC Mortgage, LLC (In re McIntyre), Ch. 7 Case No. 10-56185, D.C. No. 2:09-cv-02327-ABC (9th Cir. Mar. 5, 2012).
Ruling:
A lienholder with a recorded equitable lien has priority over an unrecorded lien for attorney's fees if the lienholder qualifies as a bona fide purchaser for value.
Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
14 years 3 months ago
Citation:
SunTrust Bank, N.A. v. Macky (In re McCormick), No. 10-2027, --- F.3d ----, 2012 WL 414667 (4th Cir. Feb. 10, 2012).
Ruling:
The same notice imputed to a bona fide purchaser is that which is enjoyed by a trustee pursuant to 11 U.S.C. § 544(a)(3), thus permitting the trustee under applicable North Carolina law to rely...
Judge(s):
Hon. Paul V. Niemeyer, Hon. G. Steven Agee, and Hon. James A. Wynn, Jr.
Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
14 years 3 months ago
Citation:
11-4092
Ruling:
Securitization and pooling of a mortgage that names MERS as the beneficiary does not prevent the beneficiary named in the mortgage from initiating a foreclosure under Utah law.
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
14 years 4 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...
In affirming the district courts’ rulings in favor of debtors Daniel and Sheryl Sutter (the "Debtors"), the Sixth Circuit held that (i) an equitable mortgage does not exist on the Debtors...
