No. 10-17402, DC No. 3:09-cv-05272-MEJ & No. 10-17404, DC No. 3:09-cv-05560-MEJ (heard jointly)
Ruling:
The Ninth Circuit Court of Appeals held that plaintiffs’ conclusory allegations regarding JPMorgan fell short of stating a claim for relief that is free from the Financial Institutions Reform,...
Debt Collector under Fair Debt Collection Practices Act is strictly liable for pursuing collection after debtor notified debt collector in writing that debt was disputed. Individual defendant was...
Judge(s):
John T. Noonan, Carlos T. Bea, Circut Judges, and Donald E. Walter, Senior District Judge sitting by designation.
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
14 years 1 month ago
Citation:
--F.3d-- (March 6, 2012, 9th Cir.); case no. 10-16974
Ruling:
The Ninth Circuit Court of Appeals held that Appellants, the "Silar Parties" and their counsel, had no right to an immediate and interlocutory appeal from an order of the District Court awarding...
Judge(s):
The Honorable Susan P. Graper and the Honorable Sandra S. Ikuta, Circuit Judges; the Honorable Gordon J. Quist, Senior District Judge.
William McIntyre v. BNC Mortgage, LLC (In re McIntyre), Ch. 7 Case No. 10-56185, D.C. No. 2:09-cv-02327-ABC (9th Cir. Mar. 5, 2012).
Ruling:
A lienholder with a recorded equitable lien has priority over an unrecorded lien for attorney's fees if the lienholder qualifies as a bona fide purchaser for value.
The Ninth Circuit ordered the remand back to Nevada state court of a "parens patriae" lawsuit brought by the State of Nevada, alleging that (1) Bank of America misled Nevada consumers about the...
Judge(s):
REINHARDT, WARDLAW, and CALLAHAN, Circuit Judges.
Opinion by Judge WARDLAW
No. 11-35368 / D.C. No. 2:10-cv-00054-SEH (not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
The Ninth Circuit affirmed the Montana District Court’s order affirming the Bankruptcy Court’s grant of summary judgment in favor of the liquidating trustee determining and fixing the amount of...
Case No. 10-56134 (9th Cir. Feb. 21, 2012) (not for publication)
Ruling:
Held that plaintiff-appellant did not waive any challenge to an award of legal-malpractice damages against defendant-appellee (the debtor) because she challenged the amount of damages in her first...
Judge(s):
WARDLAW and CALLAHAN, Circuit Judges, and MARTINEZ, District Judge for the U.S. District Court for Western Washington, sitting by designation.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
14 years 1 month ago
Citation:
D.C. No. 2:09-cv-02937 (9th Cir., February 9, 2012)
Ruling:
The Ninth Circuit held that a bankruptcy court order, which denied a motion made by affiliates of the debtor for turnover of records held by the debtor's trustee, was an interlocutory order, not a...
The Ninth Circuit Court of Appeals affirmed the District Court (and Bankruptcy Court) decision that debtor / appellant and her husband were liable for debt and that debt was excepted from discharge...
