Cases

324 B.R. 326 (2005) In re Brian CHAMBERS Debtor. Brian Chambers, Plaintiff, v. Greenpoint Credit, Defendant. No. 04-3173. United States Bankruptcy Court, N.D. Ohio. February 11, 2005. *327 Melan M Forcht, Law Office of Melan M. Forcht, Toledo, OH. David J Demers, Demers and Cohen, LLC, New Albany, OH. <

75 S.W.3d 40 (2002) GREENPOINT CREDIT CORPORATION, Appellant, v. Ninfa PEREZ, Appellee. No. 04-01-00188-CV. Court of Appeals of Texas, San Antonio. January 16, 2002. Rehearing Overruled March 4, 2002. *43 B. Bruce Johnson, Bob Frisch, Law Offices of B. Bruce Johnson, Dallas, Mark R. Paisley, Adami, McNeill, Paisl

MEMORANDUM OPINION AND ORDER CONVERTING MOTION TO DISMISS INTO MOTION FOR SUMMARY JUDGMENT AND DENYING CONVERTED MOTION FOR SUMMARY JUDGMENT Judge Neil P. Olack, United States Bankruptcy Judge This matter came before the Court for hearing on June 16, 2016 (the “Hearing”), on the Motion to Dismiss (the “Motion”) (Adv.Dkt.4)1 filed by the defendant in the Adversary, G

(Slip Opinion) Whether the Equal Credit Opportunity Act Creates Disparate-Impact Liability The Equal Credit Opportunity Act does not create disparate-impact liability. The statute’s textual focus on an actor’s mindset, as opposed to the consequences of his actions, demonstrates that it contemplates liability only for intentional discrimination. And other indicators of statutory purpose cannot overcome the statutory text.

Wells Fargo Bank, N.A. v Breuer (2022 NY Slip Op 02037) Wells Fargo Bank, N.A. v Breuer 2022 NY Slip Op 02037 Decided on March 23, 2022 Appellate Division, Second Department Published by New York State Law Reporting Bur

Miller v Brunner (2018 NY Slip Op 06008) Miller v Brunner 2018 NY Slip Op 06008 Decided on September 12, 2018 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary

MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, Chief Judge. Pending is Defendant Quicken Loans’ Motion for Summary Judgment (ECF. No. 204), Defendant Wells Fargo Bank’s Motion for Partial Summary Judgment (ECF No. 202), and Plaintiffs Motion for Leave to File Surreply (ECF No. 219). In her Surreply, Plaintiff also moves to “conform the pleadings to the evidence to clarify that Plaintiff raises two fraud cl

DECISION AND ORDER VICTOR MARRERO, District Judge. Plaintiffs Philippe Lajaunie, a resident of the State of New York (“Lajaunie”), and 15 John Corp., a corporation organized and existing under the laws of the State of New York (together with Lajaunie, “Plaintiffs”), filed the Summons and Complaint involved in this action in the Supreme Court of New York, New York County (the “State Court”) agai

MEMORANDUM OF DECISION AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT John P. Gustafson, United States Bankruptcy Judge Plaintiff Brenda S. Bahnsen (“Mrs. Bahnsen” or “Debtor”) is the debtor in the underlying Chapter 7 case, and her co-plaintiff, James Bahnsen (“Mr. Bahnsen”), is her husband, who was not a debtor in the underlying Chapter 7 case. On February 4, 2015, Mrs. and Mr. Bahnsen (

*99 MEMORANDUM & ORDER MATSUMOTO, District Judge. Georgia Midouin (“plaintiff’) commenced this action on September 25, 2009 against Downey Savings and Loan Association, F.A. (“Downey”), U.S. Bank National Association (“U.S. Bank”), and John & Jane Does 1-10 (collectively, “defendants”), asserting claims for (1) rescission pursuant to

357 B.R. 446 (2006) In re Louisa R. MILES, Debtor. Louisa R. Miles f/k/a Louisa R. Clarke, Plaintiff, v. Zebedee Thomas Clarke, Defendant. Bankruptcy No. 05-30825. Adversary No. 05-03190. United States Bankruptcy Court, W.D. Kentucky. October 27, 2006. *447 Nick L. Pearl, Radcliff, KY, for Debtor. John M. Nader, Louisv

MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY, United States. District Judge Keith Snyder and Susan Mansanarez filed suit against Ocwen Loan Servicing, LLC, alleging that Ocwen made debt-collection phone calls using an autodialer in violation of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §.227, and the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1642. Snyder and Mansanarez sued

[Cite as Bumpus v. Ward, 2012-Ohio-4674.] COURT OF APPEALS KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT JUDGES: MARTHA BUMPUS : Hon. Patricia A. Delaney, P.J. : Hon. W. Scott Gwin, J. Plaintiff-Appellant : Hon. Sheila

MEMORANDUM OF DECISION AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT John P. Gustafson, United States Bankruptcy Judge Plaintiffs Kymberly A. Botson and Christopher J. Botson are the debtors in the underlying Chapter 7 case. On May 2, 2014, Plaintiffs commenced this adversary proceeding, requesting injunctive relief against Defendant Citizens Banking Company (“Defendant” or “CBC”) for

MEMORANDUM OPINION JAMES E. BOASBERG, United States District Judge Plaintiff Khalid Mohamed claims he is in a bind. He knows he has an obligation to make payments on his mortgage, but alleges he does not know whom to pay. None of his purported loan servicers has sufficiently proven to him its authority to collect his payments. Concerned he might pay the

MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN, District Judge. In West Virginia, lender liability suits have taken a strange turn that threatens to uproot basic principles of contract law. The plaintiffs in these suits, homeowners tied to mortgages, have concocted a novel theory of injury. That theory is as follows: refinancing a home for more than its fair market value is one-sided and overly harsh against

MEMORANDUM OF OPINION1 ARTHUR I. HARRIS, UNITED STATES BANKRUPTCY JUDGE This adversary proceeding involves a pro se debtor, whose Ohio law license has been suspended, and a pro se' creditor, whose Ohio medical license has been revoked. Luann Mitchell, the pro se debtor, seeks damages against Wilfred Anderson, the pro se creditor, for prosecuting m

395 B.R. 25 (2008) In re Timothy MOTICHKO and Cynthia Motichko, Debtors. Timothy Motichko and Cynthia Motichko, Plaintiffs, v. Premium Asset Recovery Corp., Defendant. Bankruptcy No. 05-40662. Adversary No. 08-04055. United States Bankruptcy Court, N.D. Ohio. June 27, 2008. *26 Philip D. Zuzolo, Zuzolo, Zuzolo, Zuzolo and Zuz

365 B.R. 746 (2007) In re Philip W. LOHMEYER Deaanne M. Lohmeyer, Debtors. Philip W. Lohmeyer Deeanne M. Lohmeyer, Plaintiffs, v. Alvin's Jewelers, Defendant. Bankruptcy No. 03-37774. Adversary No. 06-3458. United States Bankruptcy Court, N.D. Ohio, Western Division. March 13, 2007. *747 Donald R. Harris, Sandusky, OH, for Pl

ORDER REGARDING MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT BETH A. BUCHANAN, Bankruptcy Judge. The debtor initiated an adversary proceeding in this Court asserting that the bank purposefully and systematically attempted to collect debts discharged in bankruptcy from the debtor and a putative class of similarly situated debtors in violation of both the United States Bankruptcy Code and the Fair Deb