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In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer...
Summarized by Laura Bartell , Wayne State University Law School
11 years 6 months ago
Citation:
No. 13-2126 (6th Cir. Sept. 15, 2014)
Ruling:
Sixth Circuit affirmed grant of summary judgment by district court in favor of defendants in case brought by chapter 13 debtor against (among others) holder of mortgage who foreclosed on...
Default judgment entered against Debtors/Defendants as a sanction for conduct in prepetition state court litigation was entitled to preclusive effect under the Full Faith and Credit Statute (28...
Summarized by Laura Bartell , Wayne State University Law School
11 years 6 months ago
Citation:
No. 13-2587 (6th Cir. Sept. 5, 2014)
Ruling:
Affirming grant of summary judgment by district court for the E.D. Mich., the Court of Appeals held that defendant insurer did not breach a contract for insurance when it denied plaintiff's claim,...
District court erred by entering summary judgment for defendant bank on debtors' claims for violations of the Texas Debt Collection Act (TDCA) based on the record presented. After the debtors...
Cruz v. Stein Strauss Trust (In re Cruz) 9th Cir. BAP Case No. CC-13-1554-KiTaD (August 29, 2014)
Ruling:
Stein Strauss Trust #1361 (“SS Trust”) was a party-in-interest based on its pecuniary interest; therefore, it was a real party in interest. The Property was not property of the estate, but it...
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)
Summarized by Eric Madden , Reid Collins & Tsai LLP
11 years 7 months ago
Citation:
Christensen v. Madsen (In re Madsen), BAP No. UT-13-094 (B.A.P. 10th Cir. Aug. 25, 2014)
Ruling:
The Bankruptcy Appellate Panel ruled that a creditor may pursue a nondischargeability complaint in a forum other than the debtor's "home" bankruptcy court, provided that the creditor's forum choice...
In the unpublished opinion the BAP ruled that record supported the determination that Mychelle Moxley ("Moxley") did not diligently prosecute the asserted 11 U.S.C. Sec. 523 claims for relief, and...
In the unpublished decisions, the 9th Cir. BAP held that its review of the bankruptcy court's ruling was limited to determining whether the bankruptcy court's finding's were illogical, implausible,...
