The 2nd Cir. (a) held that res judicata, based on FL law, barred claim against bankrupt trust for malicious prosecution by loan servicer relating to the trust where plaintiff had previously won...
Judge(s):
Circuit Judges Ralph K. Winter, Jose A. Cabranes and Gerard E. Lynch
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) granting summary judgment in favor of creditors/plaintiffs on 523(a)(2)(A) dischargeability claim based on issue...
In a nondischargeability action, the BAP for the 9th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (SD Cal.). The BAP found that the BAP properly applied...
1. Proof of claim for malicious prosecution was barred by res judicata effect of prior slander of title action.
2, Proof of claim for debtor's failure to timely respond under RESPA was...
Debtor's health savings account (HSA) was not exempt property pursuant to Section 522 and Georgia's state exemptions which exempt “disability, illness, or unemployment benefit,” and any...
Lender is not liable to borrower, under general tort / contract principles or pursuant to Home Affordable Modification Program (HAMP) regulations, for payment of duplicative insurance premiums from...
The Fourth Circuit determined that the provisions of the deed of trust cited to by the Debtor do not create " ' separate or additional security interest[s]. nut [are] merely [] provision[s] to...
Judge(s):
U.S. Disitrict Judge Gerald Bruce Lee, sitting by designation, and Circuit Judges Thacker and Harris
District Court’s order affirming the Bankruptcy Court’s decision holding that a $217,100 debt owed to the Appellees was not dischargeable under 11 U.S.C. § 523(a)(6) was affirmed.
The Seventh Circuit affirmed the District Court’s grant of summary judgment to a mortgage lender, finding that the lender’s responses to informational requests substantially complied with RESPA...
The BAP for the 9th Circuit affirmed the bankruptcy court (CD Cal.) ruling granting summary judgment in favor of creditor determining that state court judgment was nondischargeable pursuant to...
