In split decision, the Fourth Circuit (following the similarly split decision from the 5th Circuit) held that the 2018 increase in fees paid by chapter 11 debtors to the U.S. Trustee Program applies to pending cases and violates neither due process nor the "uniform bankruptcy" clause of the U.S. Constitution.
Heinz and Susan Georg refinanced their home, which was owned by them as tenants by the entireties, with First Horizon. Only Mr. Georg was, however, listed as a borrower on the mortgage note and, more consequentially, as a grantor on the Deed of Trust. Old Republic, believing that both Georgs signed the Deed of Trust, issued title insurance to First Horizon.
The facts and legal interpretations in this case, where the 4th Circuit found that the business structure of Big Picture Loans was protected by the tribal sovereign immunity of the Lac Vieux Desert Band of the Lake Superior Chippewa Indians, are not particularly pertinent to bankruptcy or consumer rights issues that are the focus of this blog.
The Virginia
Department of Social Services, Division of Child Support Enforcement, sought to
obtain post-petition funds held by the Trustee following the dismissal of Mr.
Webb’s unconfirmed Chapter 13 case to apply against his delinquent child
support.
In apparent connection with a foreclosure, Richardson, acting pro se, brought and FDCPA suit for failure to adequately verify debts under 15 U.S.C. § 1692(g) against Shapiro & Brown, Nationstar Mortgage and Rushmore Loan Management. In a very terse one-page memorandum opinion, the district court dismissed the case due to res judicata and the statute of limitations. It can be surmised only from the brief filed by Nationstar at the district court with its Motion to Dismiss, that Richardson had previousl
Summary:
Ralph Janvey, as the receiver in a Ponzi scheme litigation against Stanford Financial Group (“SFG”), sought and, following trial, obtained a judgment against Peter Romero for $1.275 million related to fees and profits Romero had earned from SFG. Romero then filed Chapter 7 and Janvey sought dismissal for cause pursuant to 11 U.S.C. § 707(a).
