Summary: The Debtors’ home was damaged by Hurricane Irene while they were in Chapter 13.  Their insurance issued a check for damages in the amount of $9,052.93 to the house and a second check for $1,376.54 for personal property, both payable jointly to the Debtors and Chase, the mortgage servicer. The Debtors followed the instructions on Chase’s website for insurance checks in the amount less than $20,000.00, endorsing the check and forwarding it to Chase, believing that since they were current on their Chapter 13 payments, Chase would expeditiously return the money to

Summary: Ms.  Carson appealed the district court’s order compelling arbitration.  The Court of Appeals held that the first step in determining if a dispute is subject to arbitration is determining whether the parties agreed to arbitration.   Finding that Ms.  Carson "affirmatively checked the box indicating that she agreed" to arbitration, the court then turned to whether such arbitration requirement was unenforceable due to unconscionability.  As Ms.  Carson had willing applied for services from Lending Tree, had indicated that she had read

Summary: Ms.  Strong was denied Social Security disability benefits by an administrative law judge and appealed to the District Court, which remanded the case finding that the denial was not supported by substantial evidence.  The District Court, however, denied Ms.  Strong’s request for attorneys fees and costs pursuant to the Equal Access to Justice Act ("EAJA") at 28 U.S.C.

Summary:

Mrs.  Warren’s husband died, owing a debt on a credit card to BB&T.  Despite the credit card only being in the deceased husband’s name, BB&T, through its attorneys, Sessoms & Rogers, attempted on numerous occasions to collect the debt from Mrs.  Warren.

Summary: Property Agreement provided that the Debtor would be primarily liable for the mortgage debt and "[t]o the extent of any obligation contained herein is discharged in bankruptcy and the non-bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to petition a court of competent jurisdiction for spousal support in an amount sufficient to cover any amounts so discharged."  The Debtor, of course, filed Chapter 13 and disputed whether this created a domestic support obligation under 11 U.S.C.

Summary: Ocwen filed a Motion for Relief from Stay.  At the hearing, the Debtor testified she was under a loan modification with Ocwen and provided copies of the loan modification agreement and bank account statements showing that payments under the loan modification had been made.  Ocwen provided absolutely no evidence to support its position that the Debtor was in default. In addition to denying the Motion for Relief from Stay, sua sponte, the Bankruptcy Court has ordered Ocwen to show cause why it should not be sanctioned pursuant to Rule 9011(c)(1)(B)

Summary: In a property dispute between a sister, Ms.  Lee, and her brother, Mr.  Anasti, over real estate in South Carolina, Ms.  Lee sought to assert superior title to Mr.  Anasti though adverse possession.  This matter was first commenced in South Carolina state court, but when Ms.  Lee filed Chapter 7, later converting to Chapter 13,  and brought an adversary proceeding asserting both adverse possession and seeking to avoid any interest Mr.  Anasti had pursuant to 11 U.S.C.

Summary: Capital One commenced a foreclosure against the Debtors on a Deed of Trust, originally granted to Chevy Chase Bank, which later merged with Capital One.  The foreclosure was allowed in part based on, among other documents, an Affidavit from James Cox, Vice President of Capital One.  This Affidavit stated that "to the best of [his] knowledge" Capital One was the servicer and holder of the mortgage note. The Debtors objected to this affidavit, arguing that it denoted only Mr.  Cox’s personal opinion and was not made upon personal knowledge as required b

Summary: Arguing that debt pre-dates actual money as the basis of human economic life, this book views the last 5,000 years of lending and monetary policy through the lense of  anthropology, assessing concepts from ancient debt slavery to the current mortgage crisis like practices and traditions from foreign cultures.  The author, an outspoken anarchist, who is also one of the central thinkers behind the Occupy Wall Street movement, uses detailed historical and sociological evidence to show that despite the assumptions of Adam Smith and the explicit statements

Summary: The Chapter 11 Plan for LLM provided that for the eventual reamortization of two notes, partially based on cash flow.  Ten years later when it came to recapitalize  the notes,  LLM and the note holder disagreed by nearly $5 million on the amount. Each party presented evidence from their separate accountants.  The note holder's accountant, however, included hypothetical figures into her calculation for "demonstrative purposes" and the court found there was no factual basis for these asserted amounts.