A federal judge dismissed mortgage-servicing claims with prejudice because prior bankruptcy findings foreclosed the core allegations and the borrower could not plead RESPA damages.
Authorized partial payments may restart California’s six-year limitations period for enforcing a promissory note, creating a triable issue here.
A district court affirmed denial of contempt sanctions because a secured lender had an objectively reasonable basis to believe its lien enforcement survived the debtor’s discharge.
John Arthur Shepardson appealed pro se from the district court’s summary judgment in his action alleging federal and state law claims arising from collection of a balloon payment loan. The Ninth Circuit affirmed, holding that Shepardson failed to raise a genuine dispute of material fact as to
The Southern District of California affirmed a bankruptcy court’s decision to lift the automatic stay and let a lender proceed with foreclosure, rejecting a Chapter 13 debtor’s challenge to the lender’s standing.
CenturyLink could not be held liable for willfully violating FCRA because its interpretation of when an online transaction begins was objectively reasonable.
A Northern District court dismissed credit-reporting claims because the plaintiff did not connect the alleged inaccuracy to a concrete personal injury.
A court may exonerate a bail bond subject to later-calculated extradition costs, and the expiration of the appearance period does not erase that reimbursement condition.
Auto-finance dispute is sent to arbitration under the parties’ written arbitration agreement.
A federal court dismissed a consumer’s electronic-transfer and contract claims against BMO with prejudice while allowing limited amendment of credit-reporting theories.
A federal court ordered the public sale of an arrested vessel and authorized the Sausalito marina to credit bid its documented maritime debt.
Khouri v. Trans Union LLC: A Northern District of California court held that routine loan collection did not state credit-reporting or unfair-practices claims.
A federal court dismissed FCRA claims over disputed ITT student loans because the complaint did not identify a sufficiently specific reporting inaccuracy.
A debt buyer’s amended complaint cannot erase liability for failing to attach consumer-specific debt documents to the original complaint.
The Ninth Circuit dismissed a creditors’ bankruptcy appeal because a remand for trial left the overall dischargeability proceeding unfinished.
A $1.5 million stipulated judgment triggered by default on a $450,000 settlement was an unenforceable penalty without evidence supporting the estimate.
The Ninth Circuit upheld findings that disputed facts barred summary judgment on California landslide nuisance and successor-liability claims.
The Ninth Circuit affirmed the roughly $12 million judgment. Trial evidence permitted the jury to find that the borrowers lacked actual or constructive knowledge of their RICO injuries more than four years before filing in April 2020.
A Court of Appeal upheld adding members of an undisclosed family partnership and its leasing corporation to a commercial landlord’s eight-figure judgment under Code of Civil Procedure section 187.
The Appellate Division, Second Department partially reverses dismissal of a creditor’s action to unwind allegedly fraudulent conveyances of two Brooklyn properties made seven years after a judgment was entered against the LLC debtor, reinstating causes of action under the Debtor and Creditor Law.
The Texas Court of Appeals, Ninth District, denied mandamus relief to a judgment creditor whose garnishment writ incorrectly named the garnishee bank as the judgment debtor, holding that a writ of garnishment must strictly comply with the statute and that a garnishee is not obligated to disclose the debtor’s funds when the debtor is not identified in the writ—even if the garnishee has actual knowledge of the error from the application served alongside the writ.
The Second District upheld dismissal of a father’s support modification motion as a discovery sanction and the conversion of $71,627 in child support arrearages into a money judgment.
The Second District affirmed a $50,748 judgment against a law firm for unpaid court-reporting services, holding the firm was primarily liable regardless of its clients’ separate agreement to pay.
The Ninth District affirmed a small claims judgment for a restoration company, holding that the defendant waived her Civ.R. 53(D)(3)(b) objection by failing to request findings of fact from the magistrate and that the contractual one-year limitation provision was properly rejected.