Eighth Circuit Court of Appeals, Docket no. 11-1553
Ruling:
For the Purposes of the Fair Debt Collection Practices Act (FDCPA), a non-debtor mistakenly targeted by a debt-collection effort is a "consumer" protected by the Act. But while a person mistakenly...
Judge(s):
Melloy, Smith, and Benton, Circuit Judges, Opinion by Smith.
Luis A. Soto-Rios and Brenda Tosada-Arbelo v. Banco Popular De Puerto Rico, United States Court of Appeals for the First Circuit, Appeal No. 10-227 (unpublished)
Ruling:
The United States Court of Appeals, First Circuit (J. Howard) ("First Circuit") found that a mortgagee and purported secured creditor held an "interest in property" as that term is used in both 11...
Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
14 years 5 months ago
Citation:
No. 11-2968 (3d Cir. October 26, 2011)
Ruling:
The Rooker-Feldman doctrine prevents lower federal courts from excercising jurisdiction over cases filed by unsuccessful state court litigants challenging state court judgments issued prior to the...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
14 years 5 months ago
Citation:
Adam Wieckiewicz v. Education Credit Management Corp. (11th Cir. 2011) - Unpublished Opinion
Ruling:
The Bankruptcy Court did not abuse its discretion by dismissing the Debtor's adversary proceeding with prejudice following the Debtor's repeated failure to comply with the Court's orders to apply...
Judge(s):
United States Bankruptcy Judge Robert A. Mark. United States District Judge Federico A. Moreno
United States Circuit Court of Appeals Judges Hull, Pryor and Anderson
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 5 months ago
Citation:
Case No. 11-6018 (B.A.P. 8th Cir., Oct. 12, 2011)
Ruling:
The Bankruptcy Appellate Panel for the 8th Circuit reversed and remanded the bankruptcy court's ruling in favor of the Debtor's parents on a fraudulent transfer action, in which the bankruptcy...
Banks v. Kondaur (In re Banks) Case No. 11-6025 - 8th Circuit (BAP October 2011)
Ruling:
Reverse and remand to bankruptcy court its previous summary judgment in favor of Defendant Kondaur Mortgage Corp. Specifically, in this case, because there was a material issue of fact regarding...
Judge(s):
Venters, Federman and Saladino - Bankruptcy Judges for the BAP.
Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
14 years 5 months ago
Citation:
2011 Bankr. LEXIS 3756
Ruling:
State law determines the extent of a bankruptcy trustee's rights under 11 U.S.C. § 544(a)(3). Applying Michigan law, the existence of a recorded rescission of an erroneously executed discharge of...
Judge(s):
Bankruptcy Appellate Panel of the Sixth Circuit, Judges Boswell, Rhodes, Shea-Stonum
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
14 years 5 months ago
Citation:
In re McCombs, --- F.3d ----, 2011 WL 4553052 (5th Cir. Oct. 4, 2011)
Ruling:
The Fifth Circuit Court of Appeals (the "Circuit Court") ruled that: (1) pursuant to state law, the judgment creditor (H.D. Smith Wholesale Drug Co.) lacked an enforceable lien against the debtor's...
