BoA joins a growing number of mortgage companies whose employees signed key documents in foreclosure cases without verifying that information. GMAC Mortgage and JPMorgan Chase have halted 10’s of thousands as well.
The 23 states in which BoA is delaying foreclosures include
Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maine, Nebraska,
New Jersey,
New Mexico, New York,
North Dakota, Ohio, Oklahoma, Pennsylvania,
South Carolina,
South Dakota, Vermont and Wisconsin.
Posted in 101, 1307, 1308, 1325(a)(5), 1325(a)(9), 1326(a)(1)(C), 1328, 15 USC 1692k(c), article, assets, attorneys, bailout, bank, bankruptcy, bubble, business, ch 13, ch 7, chapter 7, foreclosure, fraud, fraudulent transfers, IL, income, modification, property, sale
3rd cir
Windt v. Qwest Communications, 06-4662, 06-4808 [June 10, 2008]
In a lawsuit brought by bankruptcy trustees of a Dutch company asserting various claims against defendants who were allegedly responsible for the company’s insolvency, judgment dismissing trustee-plaintiff’s complaint on forum non-conveniens grounds is affirmed where the district court did not abuse its discretion in: 1) affording low deference to plaintiffs’ choice of forum in view of Netherlands’ substantial interest in resolving a dispute concerning alleged mismanagement of a Dutch company by board members and officers of that Dutch company; 2) concluding that avoiding problems in the application of foreign law favored dismissal; 3) balancing the public and private interest factors implicated in the case; and 4) determining that the convenience of litigating the dispute in New Jersey was outweighed by the oppressive or vexatious effect on defendants.
8th cir
US v. Mitchell, 07-3136 [June 10, 2008]
Conviction upon defendant’s retrial for knowingly and fraudulently making a false statement under penalty of perjury in a bankruptcy case is affirmed where the circuit court declines to revisit a double jeopardy issue, and there was sufficient evidence to sustain his conviction.
ND IL ED
In re Weadley, 06-1854
Bibby Financial v. Weadley, 07-683
Issued June 11, 2008
Judge A. Benjamin Goldgar
Posted in 101, 109(h), 1307, 1308, 1322(b)(11), 1325(a)(5), 1325(a)(9), 1326(a)(1)(C), 1328, 15 USC 1692k(c), 342, 362(c)(3)(A), 362(c)(3)(B), 362(c)(4)(A)(i), 363, 5.15.1.7, 502(b)(6), 510, 521, 523, 527(a)(2), 528(a), 550, 707, 727, 9019, 9023, accounts receivable, adequate protection, administrative, Administrative Office of the Courts, adversary, aoc, appellate court, article, assets, audit, automatic stay, automobile, bad faith, Bankrupt, BAPCPA, black, blogging, Blogroll, blogs, bubble, business filings, CA, call, careers, case update, cash collateral, Census Bureau, ch 11, ch 13, ch 7, chapter 7, cir 1, cir 10, cir 11, cir 2, cir 3, cir 4, cir 5, cir 6, cir 7, cir 8, cir 9, civility, claim preclusion, code, collateral estoppel, Congress, consumer, conversion, county, cox, cramdown, credit, credit counseling, creditor, current affairs, current-events, data, debt, debt relief agency, depreciation, discharge, dismissal, disposable, divorce, doyle, e-discovery, economy, ED, elderly, empty-nest, ESI, estate, estate planning, Executive Office of the UST, fair credit reporting act, FDCPA, Fed. R. Bankr. Proc., fees, filings, FL, FLA, flipping, foreclosure, forms, fraud, fraudulent transfers, goldgar, government unit, grochocinski, hollis, IL, income, IND, individual, interest, investments, IRS, issue preclusion, jobs, joint, judge, lake, landlord/tenant, legislation, leibowitz, liability, lists, means test, median income, Middle class, mortgage, ND, non-debtor spouse, notice, opinion, pay advices, pay.gov, plan, pmsi-nonpossessory, pmsi-possessory, property, reaffirmation, real property, Uncategorized
Cir 5
Schlotzsky’s, Ltd. v. Sterling Purchasing & Nat’l Distrib. Co., Inc., No. 06-50720A judgment in favor of restaurant franchisor on claims against food distributor under Lanham Act is affirmed over the distributor’s claims that: 1) the Lanham Act was inapplicable; 2) an award of attorney’s fees and an injunction should be overturned; and 3) its counterclaims should be reinstated.
Cir 6
In re: Long, No. 06-6252
Construing a gap in the most recent amendment to the Code against the creditor, a bankruptcy court holds that the surrender of a vehicle should wipe out the underlying debt entirely (though greater than the value of the car). Bankruptcy court is reversed and remanded and the higher court holds that the gap in the Code should be construed in a manner consistent with prior judicial decisions and statutory law (which favored the creditor).
Posted in 1322(b)(11), 1325(a)(5), 1325(a)(9), 1326(a)(1)(C), 1328, assets, automatic stay, automobile, BAPCPA, case update, ch 11, ch 13, cir 5, cir 6, code, Congress, consumer, cramdown, creditor, current-events, legislation, property, research, secured
mhedayat
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