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Anderson v. Credit One Bank, N.A.

Citation:
16 ‐ 2496 (2nd Circuit, Mar 07,2018) Published
Case Status:
Affirmed
Ruling:
Affirmed order denying arbitration of debtor's class action claim alleging violation of discharge injunction.. Court found arbitration of a claim based on an alleged violation of Section 524(a)(2)...
Judge(s):
Pooler and Droney, Circuit Judges , and Ramos District Judge .
Tag(s):

Jackson v. ING Bank

Citation:
BAP NO. MB 16-046 (1st Circuit, Aug 23,2017) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel found no error or abuse of discretion in any of the orders of the Bankruptcy Court. Therefore affirmed all the issues on Appeal.
Judge(s):
Deasy, Cary and Fagone
Tag(s):

Lau v. Bank of America, N.A. (In re Lau)

  • Summarized by Thomas Horan , Shaw Fishman Glantz & Towbin LLC
  • 1 year 2 months ago
Citation:
No. 16-2221 (3rd Circuit, Mar 27,2017) Not Published
Case Status:
Affirmed
Ruling:
The United States Court of Appeals for the Third Circuit affirmed two orders of the United States District Court for the District of New Jersey affirming on appeal an order of the United States...
Judge(s):
Restrepo, Scirica, and Fisher, Circuit Judges
Tag(s):

Smith v. Lerner, Sampson & Rothfuss, L.P.A., et al

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 1 year 10 months ago
Citation:
File Name:16a0470n.06; No. 15-3563
Ruling:
The Sixth Circuit Court of Appeals affirmed the decision of the district court which held that the borrower's claims against the defendants for an FDCPA violation were untimely and the borrower's...
Judge(s):
Boggs, Rodgers and Berg- District Judge sitting by designation
Tag(s):

Owens v. LVNV Funding, LLC

  • Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
  • 1 year 10 months ago
Citation:
Owens v. LNVN Funding, LLC, Case Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug. 10, 2016)
Ruling:
Majority: The filing of a proof of claim, by a debt collector, on a "stale debt" is not, in and of itself, a false, deceptive, or misleading practice prohibited by the Fair Debt Collection...
Judge(s):
Flaum & Bauer, with Wood dissenting.
Tag(s):

Brown v. Van Ru Credit Corp.

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 2 years 8 months ago
Citation:
File Name15a1252p.06; Case No. 15-1323, U.S. Court of Appeal for the Sixth Circuit (Oct. 22, 2015)
Ruling:
A voicemail by a student loan credit collection agency to a business owned by someone who owes student loan debt which simply provides the name of the caller, a reference number and the creditor's...
Judge(s):
Rogers and Donald, Circuit Court Judges, and Rose, District Judge, sitting by designation.
Tag(s):

MacKenzie v. Neidorf (In re Neidorf)

  • Summarized by David Hercher , Miller Nash Graham & Dunn LLP
  • 2 years 11 months ago
Citation:
In re Neidorf, BAP No. AZ-14-1496-JuKiPa (9th Cir. B.A.P. July 10, 2015).
Ruling:
A national-mortgage-settlement payment paid to a chapter 7 debtor after the petition date was property of the debtor, not the estate.
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Jim D. Pappas, Bankruptcy Judges.
Tag(s):

Moses v. Cashcall, Inc.

Citation:
Moses v. Cashcall, Inc., 2015 U.S. App. LEXIS 4098 (4th Cir. 2015)
Ruling:
Affirmed in part, reversed in part, and remanded with instructions by per curiam opinion: "This bankruptcy appeal presents the issue of whether two claims, one for declaratory relief and one for...
Judge(s):
Before: Circuit Judges Paul v. Niemeyer and Roger L. Gregory, and Senior Circuit Judge Andre M. Davis
Tag(s):

Rivera v. Deutsche Bank (In re Rivera)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 3 years 7 months ago
Citation:
NC-13-4615
Ruling:
Ninth Circuit BAP affirmed in part and reversed in part bankruptcy court's order dismissing debtors' second amended complaint against the bank challenging the mortgage on the debtors' property. The...
Judge(s):
Kurtz, Pappas & Jury
Tag(s):

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