Now Updating
Perez v. Bui (In re Tenorio)

Summarizing by Lars Fuller

Janvey v. Romero

Summarizing by John Bollinger

Silver v. Rescap Borrower Claims Trust (In re Residental Capital, Inc.)

Case Type:
Consumer
Case Status:
Affirmed
Citation:
No.16-1273-bk (2nd Circuit, Oct 11,2017) Not Published
Ruling:
Circuit Court affirmed the District Court's affirmance of decisions by the U.S. Bankruptcy Court for the Southern District of New York (1) disallowing the claim the pro se debtor lodged with ResCap Borrower Claims Trust for wrongful foreclosure and unjust enrichment by Debtor, and (2) denying her unopposed motion for immediate payment of that claim. Specifically, the Circuit Court exercised its discretion to decline to address the debtor's partiality claim against the District Court, which she raised for the first time in her appeal to the Circuit Court.
Procedural context:
Circuit Court affirmed District Court's affirmance of the U.S. Bankruptcy Court for the Southern District of New York's decisions (1) disallowing the claim the pro se debtor lodged with ResCap Borrower Claims Trust for wrongful foreclosure and unjust enrichment by Debtor, and (2) denying her unopposed motion for immediate payment of that claim.
Facts:
For the first time on appeal, the Debtor questioned the District Court's partiality when it affirmed the decisions by the U.S. Bankruptcy Court for the Southern District of New York (1) disallowing the claim the debtor lodged with ResCap Borrower Claims Trust for wrongful foreclosure and unjust enrichment by Debtor, and (2) denying her unopposed motion for immediate payment of that claim. Debtor claimed that she did not discover the facts giving rise to the partiality claim until after the district court ruled against her. The Circuit Court disagreed and held that the facts at issue where "public record" available to the Debtor before her appeal to the Circuit Court. Accordingly, the Circuit Court declined to address the debtor's partiality claim, and affirmed the District Court. However, the Circuit Court noted that even if it were to review such argument, the Debtor's claims regarding partiality were without merit.
Judge(s):
Hon. Robert D. Stack; Hon. Reena Raggi; Hon. Susan L. Carney.
Tag(s):

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!

About us in numbers

2621 in the system

2568 Summarized

9 Being Processed