Cedano v. Aurora Loan Services, LLC (In re Cedano)
- Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
- 13 years 10 months ago
- Citation:
- Cedano v. Aurora Loan Services, LLC, Case No. SV 10-18618, Adv. No. SV 10-01534, BAP No. CC-11-1189 (April 9, 2012)
- Tag(s):
-
- Ruling:
- BAP affirmed the Bankruptcy Court ruling dismissing adversary action pursuant to FRCP 12(b)(6) because the Debtor failed to state claims upon which relief could be granted.
- Procedural context:
- BAP reviewed Bankruptcy Court decision de novo.
- Facts:
- Individual Debtor complained that foreclosure action against his personal residence was improper and alleged deficiencies in process under California foreclosure statutes. Bankruptcy Court and BAP (reviewing de novo) found that facts pled in complaint evidenced that foreclosure process met the requirements of California statutes.
- Judge(s):
- Hollowell, Kirscher and Markell
ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
