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Silverstein v. Wachovia Mortg. Corp.

Feb
07
2011
Ruling
Debtor had standing to assert fair debt collection practices claim that was sufficiently set forth in schedules.
Procedural posture

Plaintiffs, a Chapter 11 debtor and his spouse, sued defendant mortgage lender in California state court. Following removal, plaintiffs filed an amended complaint alleging violations of California Civ. Code § 1788 et seq. and the Rosenthal Fair Debt Collection Practices Act (RFDCPA), invasion of privacy, tort in se, and libel. The lender moved to dismiss or for a more definite statement.

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Consumer opinion summary, case decided on February 07, 2011 , LexisNexis #0811-048
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Lavie v. Ran

Mar
30
2009
Ruling
Bankruptcy court properly denied reorganization of foreign proceeding absent evidence that debtor maintained a foreign office.
Procedural posture

Appellant, the temporary receiver of appellee involuntary debtor in an Israeli bankruptcy proceeding, challenged a decision of the Bankruptcy Court for the Southern District of Texas, which denied recognition of the Israeli bankruptcy proceeding as either a foreign main or foreign nonmain proceeding under 11 U.S.C.S. § 1517(a)(1).

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Consumer opinion summary, case decided on March 30, 2009 , LexisNexis #0509-022
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T.D. Farrell Constr. Inc. v. Schreiber

Nov
03
2008
Ruling
Determination of nondischargeability reversed due to misapplication of collateral estoppel based on case in which debtor was not a party and factual questions regarding debtor's fiduciary status.
Procedural posture

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor alleging that the debtor's misapplication of construction funds warranted nondischargeability of a debt to the creditor under 11 U.S.C.S. § 523(a)(4), (6). The creditor appealed the orders of the U.S. Bankruptcy Court for the Southern District of Texas which granted the debtor's motion for summary judgment and denied the creditor's cross-motion.

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Consumer opinion summary, case decided on November 03, 2008 , LexisNexis #1108-119
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Lavie v. Ran

Feb
06
2008
Ruling
Bankruptcy court erred in failing to review facts rebutting presumption of debtor's center of main interest in denying chapter 15 recognition.
Procedural posture

Appellant bankruptcy trustee of an Israeli bankruptcy sought judicial review of the bankruptcy court's determination that a debtor's Israeli bankruptcy proceeding was neither a foreign main nor a foreign nonmain proceeding, thereby denying chapter 15 of the Bankruptcy Code recognition of the proceeding.

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Consumer opinion summary, case decided on February 06, 2008 , LexisNexis #0308022
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eCast Settlement Corp. v. Tran (In re Tran)

May
14
2007
Ruling
Bankruptcy court properly disallowed improperly filed or supported proof of claim.
Procedural posture

In a chapter 13 bankruptcy case, appellant unsecured creditor appealed an order from the bankruptcy court disallowing its claims against appellee debtor. The creditor's claims were based on assignments of credit card accounts from three banks.

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opinion summary, case decided on May 14, 2007 , LexisNexis #0607-057
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Hoxie v. Educational Credit Mgmt. Corp.

Nov
13
2006
Ruling
Student loan debt was not discharged and could be collected where debtor never commenced dischargeability proceeding.
Procedural posture

Appellant debtor, acting pro se, sought review of the bankruptcy court's decision dismissing his "civil contempt" complaint against appellee creditors arising out of appellees'collection efforts on appellant's student loans.

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opinion summary, case decided on November 13, 2006 , LexisNexis #1206-057
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