The District Court orders granting the Defendants' 12(b)(6) motions were affirmed. Initially, the 10th Circuit address two procedural arguments raised by the Defendants. In one of the cases, the...
Reaffirmation agreements, entered into upon assumption that lender held a properly perfected mortgage and vehicle lien (which was later proved to be a false assumption), was unenforceable under...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 4 months ago
Citation:
Nelson v. Bank of America, N.A., 6:10-cv-00929-MSS-DAB
Ruling:
The Eleventh Circuit affirmed the district court's dismissal of Nelson's verified complaint. The Eleventh Circuit held that nothing express or implied in the United States Treasury's Home...
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
Case No. 09-3047 (3d Cir. Oct. 6, 2011) (Not Precedential)
Ruling:
The term "inverse condemnation" is a short description of the manner in which a landowner recovers just compensation for a taking of his property by the government when condemnation proceedings...
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
14 years 5 months ago
Citation:
Sampson v. Washington Mutual Bank, No.11-11400 (11th Cir. October 5, 2011)
Ruling:
The Eleventh Circuit affirmed district court's dismissal of Sampson's complaint. In its analysis, the Eleventh Circuit found that the district court had erred in granting dismissal under FRCP...
The Panel affirmed the Bankruptcy Court’s decision stating that the Bank made a unilateral mistake by bidding the entire amount owed to it by the Debtor at a Michigan foreclosure sale and that it...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 5 months ago
Citation:
State Bank of Texas v. Patel, No. 11-11268
Ruling:
The Eleventh Circuit affirmed entry of summary judgment in favor of State Bank of Texas ("Bank") and denial of the Patels' motion for judgment on the pleadings. The Eleventh Circuit found that (1)...
