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Summaries by Clifford Stevens

Ly v. Che (In re Ly)

Citation:
BAP No. CC-12-1395-DKiTa
Ruling:
BAP affirmed the Bankruptcy Court holding that a colorable claim exists when party moving for Relief From Stay for cause has previously obtained a state court default judgment declaring the...
Judge(s):
DUNN, KIRSCHER, and TAYLOR, Bankruptcy Judges
Tag(s):

Far East National Bank v. U.S. Trustee (In re Premier Golf Properties, LP)

Citation:
BAP No. SC-11-1508-HPaJu (August 13, 2012)
Ruling:
Affirming the bankruptcy court, the BAP held that golf course green fees and driving range fees was not part of the lender's cash collateral as it was not rents, proceeds, or profits of the...
Judge(s):
HOLLOWELL, PAPPAS, and JURY, Bankruptcy Judges
Tag(s):

Cruz v. International Collection Corp.

Citation:
Case No. 09-17449; D.C. No. 5:08-cv-00991 (March 8, 2012, 9th Circuit)
Ruling:
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.
Tag(s):

Cervantes v. Countrywide Home Loans, Inc.

Citation:
2011 DJDAR 13682
Ruling:
Plaintiffs failed to state a cause of action for wrongful foreclosure when alleging that use of MERS as the named beneficiary caused a split between the deed of trust and note.
Judge(s):
Richard C. Tallman; Johnnie B. Rawlinson, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Callahan.
Tag(s):

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