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Alex Cheveldave v. Tri Palms Unified Owners Association

Tri Palms Unified Owners Association (the Association) is a group of
homeowners in the Tri-Palms Estates.
There is a recreation facility adjacent to the TriPalms
Estates, and homeowners pay a fee for that recreation facility. In 2014, in
bankruptcy proceedings, Kort & Scott Financial Group, LLC (K&S) was the successful
bidder on the recreation facility. The Association entered... More...
   $0 (10-04-2018 - CA)

Amy Arlene Turner v. Seterus, Inc.

In this wrongful foreclosure case, plaintiffs Amy Arlene Turner and Joseph Zeleny
sought damages from defendant Seterus, Inc. (Seterus) on the theory that Seterus had
“frustrated [their] lawful attempt, pursuant to [Civil] Code [section] 2924c, to cure their
default more than five days prior to the noticed foreclosure sale.” The trial court
sustained Seterus’s demurrer to their thi... More...
   $0 (09-25-2018 - CA)

Alain Ellis Living Trust v. Harvey D. Ellis Living Trust


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   $0 (09-24-2018 - KS)

Melody Chacker v. JPMorgan Chase Bank. N.A.

Pursuant to California Rules of Court, rules 8.1105(b) and
8.1110, this opinion is certified for publication with the exception
of Parts II.A–II.B and Part II.D.

Plaintiff and appellant Melody Chacker (plaintiff)
refinanced a loan on her home and then failed to make required
loan payments, which triggered non-judicial foreclosure
proceedings. Plaintiff sued to stop the... More...
   $0 (09-19-2018 - CA)

Austin Fox Jennings v. Randy L. Royal Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

This is an appeal from a decision of the Tenth Circuit Bankruptcy Appellate
Panel (BAP) that affirmed the bankruptcy court’s order that the Debtor, Austin Fox
Jennings, is entitled to claim an exemption in his entireties interest in real property
2
located in Wyoming, but only to the extent that his joint entities interest exceeds the
joint indebtedness of Jennings and his non-... More...
   $0 (09-14-2018 - WY)

CHRISTY A. BOCKMAN-FRYBERGER v. STATE OF MONTANA

Shortly before 10p.m. on January21, 2016, Greg Fryberger, an employee of
MDOT, finished clearing snow berms with a front-end loader on an intersection of U.S.
Highway 93.1 He was working about ten miles north of the MDOT shop where the
loader normally was kept. After finishing his work, Fryberger began driving back to the
MDOT shop to return the loader. It was five hours af... More...
   $0 (08-30-2018 - MT)

Troy K. Scheffler v. Gurstel Chargo, P.A. District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Troy Scheffler sued Gurstel Chargo, P.A. (“Gurstel”), claiming Gurstel
violated the Fair Debt Collection Practices Act (“FDCPA”). The district court1
granted Gurstel’s motion for summary judgment. We affirm.
I. Background
Scheffler is a former debt collector who has litigated a number of FDCPA
claims against other debt collectors. Gurstel is a law firm engaged in debt collectio... More...
   $0 (08-28-2018 - MN)

Alfredo Fuentes v. TMCSF,Inc.

Plaintiff Alfredo Fuentes entered into a written agreement with defendant TMCSF,
Inc., doing business as Riverside Harley-Davidson (Riverside), to buy a motorcycle. At
the same time, he entered into a written agreement with Eaglemark Savings Bank
(Eaglemark) to finance the purchase. The latter agreement included an arbitration clause;
the former agreement did not.
2
Fuentes... More...
   $0 (08-24-2018 - CA)

UNITED STATES v. VALENTÍN VALDÉS-AYALA

To understand how Valdés exploited the bankruptcy and child support administration systems, it will help to understand the ways in which these systems have been designed to work. We use the testimony the jury heard at trial to paint the backdrop against which Valdés operated his businesses. The jury trial included testimony from a varied cast of 34 witnesses culminating with Valdés, himself... More...   $0 (08-16-2018 - PR)

Jason Springer v. Cleveland Clinic; Employee Health Plan Total Care Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Sometimes it’s easier to seek forgiveness than permission. Jason Springer hoped as much when he arranged air ambulance transportation for his son before his employee benefit plan could verify his membership and authorize the service. But the plan administrator denied Springer’s claim for coverage because he did not obtain the precertification required for nonemergency transportation. The district ... More...   $0 (08-16-2018 - OH)

William S. Kaye v. Blue Bell Creameries, Inc. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Bruno’s Supermarkets, LLC (“the Debtor”) filed for bankruptcy under Chapter 11. In administering and ultimately liquidating the bankruptcy estate, the Trustee filed an adversary proceeding against Blue Bell Creameries, Inc. (“Blue Bell”) to recover monies the Trustee contended were owed by Blue Bell to the estate. Specifically, the Trustee sought to recover from Blue Bell more than $500,000 in a s... More...   $0 (08-14-2018 - AL)

Thomas E. St. Pierre v. Retrieval Masters Creditors Bureau, Inc. District of New Jersey Federal Courthouses

In this appeal following the District Court’s dismissal of Appellant Thomas E. St. Pierre’s class action complaint, we consider a matter of first impression among the Courts of Appeals: whether unpaid highway tolls constitute the type of “debt” that could support a consumer claim under the Fair Debt Collection Practices Act. Because we conclude they do not, we will affirm.
I. Background1
A... More...
   $0 (08-13-2018 - NJ)

James Tepper, Allison Tepper v. Amos Financial, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Many would gladly pay Tuesday for a hamburger
today. Of course, not all of those who fall into debt make
payments timely, and debt collection has become a
professional trade. The Fair Debt Collection Practices Act
(the “FDCPA” or “Act”), 15 U.S.C. § 1692, et seq., regulates
their efforts. Under it, debt collectors are prohibited from
engaging in deceptive, abusive, or other... More...
   $0 (08-13-2018 - Pa)

Property California SCJLW One Corporation v. Kris Leamy

Defendants Robin and Kris Leamy appeal from a final judgment entered in favor
of plaintiff Property California SCJLW One Corporation. The judgment was entered
based on an order granting plaintiff’s motion for summary judgment regarding a
settlement agreement (Agreement) involving attorney fees that contained a standard
general release. Defendants contend summary judgment was improp... More...
   $0 (08-12-2018 - CA)

The William R. Lee Irrevocable Trust v. Lester L. Lee Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Lester Lee merged two companies he controlled. A trust administered by his nephews, with a pre-merger minority interest in one of the companies, dissented from the merger pursuant to Indiana’s Dissenters’ Rights Statute and obtained a judgment against that company. Lester filed a personal bankruptcy petition. The Trust commenced an adversary proceeding in that bankruptcy action, seeking to pierce ... More...   $0 (08-07-2018 - iN)

Wilbert Macy v. GC Services, Limited Parternship Western District of Kentucky Federal Courthouse - Louisville, Kentucky

Plaintiffs Wilbur Macy and Pamela J. Stowe
(Plaintiffs) brought this putative class action against GC Services Limited Partnership (GC), a
>
No. 17-5593 Macy, et al. v. GC Servs. Ltd. P’ship Page 2
debt collector, alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.
§ 1692 et seq. Plaintiffs alleged that GC, in attempting to collect debt owed by Plai... More...
   $0 (08-06-2018 - KY)

William P. Stickrod v. State of Indiana

At 6:50 p.m. on December 17, 2016, Officer Grant Leroux of the Lafayette Police Department and other officers arrived at a house in Lafayette, Indiana. The house belonged to Stickrod’s mother, but Officer Leroux knew that Stickrod lived there. The officers were there to execute warrants to arrest Stickrod for failing to appear at court hearings in two criminal cases. ... More...   $0 (08-04-2018 - IN)

Yvetter Vangorden v. Second Round, Limited Partnership Eastern District of New York Courthouse - Brooklyn, New York

Plaintiff consumer Yvette Vangorden sued defendant debt
collector Second Round, Limited Partnership (“Second Round”), for
violating the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C.
§ 1692 et seq., by sending her a letter representing that she still owed
money on a debt that she had settled five years earlier, and requesting
17‐2186‐cv
Vangorden v. Sec... More...
   $0 (08-02-2018 - NY)

Mark McClaskey v. CWG Plastering, LLC Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Walter “Wally” Gianino owned and
operated a plastering company in St. Louis, Missouri, for over
thirty years. That business—Gianino Plastering—abruptly
closed in 2012. Around the same time, Wally’s son, Curt Gianino,
who had worked at Gianino Plastering for over a decade,
founded his own company, CWG Plastering, LLC. CWG
took on at least some of Gianino Plastering’s custome... More...
   $0 (07-31-2018 - IN)

Cecil Daughtrey Jr. and Patricia A. Daughtrey v. Luis E. Rivera, II Middle District of Florida Federal Courthouse - Tampa, Florida

In this case, Cecil and Patricia Daughtrey filed a Chapter 7 bankruptcy petition for the sole purpose of preventing the sale of their property in a public auction to be held pursuant to a state court judgment that foreclosed the mortgage on the property. After the public auction was automatically stayed under 11 U.S.C. § 362(a), the trustee of the bankruptcy estate and the judgment creditor, 72 Pa... More...   $0 (07-31-2018 - FL)

Meryl Squires-Cannon, et al. v. Forest Preserve District of Cook County, et al. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Forest Preserve District of Cook County, Illinois, has been trying to acquire a 400-acre estate in Barrington after the owners defaulted on a mortgage and note held by the Forest Preserve. The Forest Preserve foreclosed and then bought the property at the foreclosure auction. The original owners have expressed their opposition by filing five lawsuits of their own, in addition to raising af-fir... More...   $0 (07-26-2018 - IL)

Linda S. Isaacs v. DBI-ASG Coinvestor Fund, III, LLC Western District of Kentucky Federal Courthouse - Paducah, Kentucky

Debtor Linda Isaacs filed for Chapter 13 bankruptcy and brought an adversary action seeking to invalidate a mortgage lien on her home, and to stop the sale of the home pursuant to a Kentucky state-court foreclosure judgment. The adversary complaint sought to avoid the mortgage—as unperfected because the mortgage was never validly recorded—under the strong-arm provision of the bankruptcy code. Afte... More...   $0 (07-26-2018 - KY)

Brenda McCracken, et al. v. Progressive Direct Insurance Company, et al. District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The plaintiffs in these consolidated appeals each settled a claim under their
automobile-insurance policies with the defendants. But now the plaintiffs maintain
that the defendants illegally reduced their settlement offers by taking into account
certain benefits they had previously paid the plaintiffs. The district courts dismissed
the plaintiffs’ putative class-action lawsuits aft... More...
   $0 (07-24-2018 - CO)

In Re: Steven Fustolo - Steven Fustolo v. The Patroit Group, LLC District of Massachusetts Federal Courthouse - Boston, Massachusetts

Following trial on The
Patriot Group, LLC's ("Patriot") adversary complaint requesting
denial of the discharge in bankruptcy of Steven Fustolo's
("Fustolo") debt, the bankruptcy court allowed Patriot's motion to
amend its pleadings and denied Fustolo's discharge pursuant to the
newly added claim. Fustolo seeks reprieve from his encumbrance,
imploring us to reverse the bankr... More...
   $0 (07-22-2018 - MA)

Patrick Lafferty v. Wells fargo Bank, N.A.

This is the third appeal that comes to us in this case, which arises out of Patrick
and Mary Lafferty’s purchase of a defective motor home from Geweke Auto & RV
Group (Geweke) with an installment loan funded by Wells Fargo Bank, N.A (Wells
Fargo).
In Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545 (Lafferty I), this
court affirmed in part and reversed in part the actio... More...
   $0 (07-21-2018 - CA)

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