Cases

369 B.R. 587 (2007) In re USA COMMERCIAL MORTGAGE CO.; USA Capital Realty Advisors, LLC; USA Capital Diversified Trust Deed Fund, LLC; USA Capital First Trust Deed Fund, LLC; and USA Securities, LLC, Debtors. The Lenders Protection Group; Charles B. Anderson Trust; Rita P. Anderson Trust; Baltes Co.; Kehl Family Members; and Mojave Canyon, Inc., Appellants, v. USA Commercial Mortgage Co., et al., Appellees. Debt Acquisition Company Of Ame

MEMORANDUM ** The district court correctly held that the bankruptcy court had no authority to modify the unambiguous terms of the settlement by extending the term of appellants’ option without appellee’s consent. The negotiated settlement specified consecutive thirty-day options to accept assignment of the Parks Agreement, and provided that modifications to the settlement agreement had to be approved by both

377 B.R. 608 (2007) In re USA COMMERCIAL MORTGAGE COMPANY USA Capital Realty Advisors, LLC; USA Capital Diversified Trust Deed Fund, LLC; USA Capital First Trust Deed Fund, LLC; USA Securities, LLC, Debtors. Margaret B. McGimsey Trust; Bruce McGimsey; Jerry McGimsey; Sharon McGimsey; Johnny Clark, Appellants, v. USA Capital Diversified Trust Deed Fund, LLC; Official Committee of Equity Security Holders of USA Capital Diversified Trust Deed Fu

FINAL JUDGMENT AND ORDER AWARDING DECLARATORY RELIEF, DAMAGES, ATTORNEYS’ FEES, AND PREJUDGMENT INTEREST, AND DENYING DEFENDANTS’ POST-TRIAL MOTIONS FOR JUDGMENT AS A MATTER OF LAW AND A NEW TRIAL ROBERT C. JONES, District Judge. The Court issues its Final Judgment And Order Awarding Declaratory Relief, Damages, Attorneys’ Fees, And Prejudgment Interest, And Denying Defendants’ Post-Trial Motions For J

ORDER The court previously consolidated appeal No. 09-15632 with appeal Nos. 09-16897, 09-17382, 10-15253, 10-15496, 10-15497, 10-15500 and 10-15735. The court further directed that petition No. 09-73419 be calendared with these consolidated appeals. Today the court issues its decision in appeal No. 09-15632 only. Accordingly, appeal No. 09-15632 is severed from the remaining consolidated appeals. Appeal Nos. 09-16897, 09-1738

The Defendant's Affirmative Defense fails on a number of levels.7 Statutes of limitation do not have the legal effect supposed by the Defendant. They do not negate parties' rights, but rather deny legal recourse on such rights in very specific circumstances. Further, even if a statute of limitations has run on a security agreement or mortgage, under Illinois law, those instruments remain good and enforceable so long as the under

414 B.R. 389 (2009) In re: COMMERCIAL MORTGAGE AND FINANCE, CO., Debtor. Bankruptcy No. 08 B 73242. United States Bankruptcy Court, N.D. Illinois, Western Division. March 6, 2009. *391 Gregory J. Jordan, Polsinelli Shalton Flanigan Suelthaus PC, Chicago, IL, for Debtor. MEMORANDUM OPINION MANUEL BARBOSA, Ba

OPINION KLEIN, Bankruptcy Judge. A husband and wife tag team who have used serial adversary proceedings to wrestle with a lender now find themselves pinned by the so-called “two dismissal rule” of Federal Rule of Civil Procedure 41(a)(1)(B). In the course of seven bankruptcy cases, they filed three adversary proceedings asserting the same claim against the same defendants, the first two of which were volunta

228 B.R. 225 (1998) In re CIRCUIT ALLIANCE, INC., Debtor. Brian F. Leonard, Trustee, Plaintiff, v. First Commercial Mortgage Company, Defendant. Bankruptcy No. BKY 96-30351, Adversary No. 97-3130. United States Bankruptcy Court, D. Minnesota, Third Division. December 24, 1998. *226 *227

United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1373 ___________________________ Richard Sherman Plaintiff - Appellant v. Berkadia Commercial Mortgage LLC Defendant

10/01/2024 IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON February 13, 2024 Session COMMERCIAL PAINTING COMPANY INC. v. THE WEITZ COMPANY LLC ET AL. Appeal from the Chancery Court for Shelby County No. CH-06-1573 JoeDae L. Jenkins, Chancellor ____________

Supreme Court No. 2023-291-Appeal. (PC 21-5831) Walter M. Potenza et al. : v. : Deutsche Bank National Trust : Company, as Trustee for the Registered Holders of CBA Commercial Assets Small Balance Commercial Mortgage Pass-Through Certificates, Series 2006

Supreme Court No. 2023-44-Appeal. (PB 11-5398) Deutsche Bank National Trust : Company, as Trustee for the Registered Holders of CBA Commercial Assets, Small Balance Commercial Mortgage Pass-Through Certificates, Series 2006-1 v. : Alebia, Inc.

Opinion issued December 5, 2019 In The Court of Appeals For The First District of Texas ———————————— NO. 01-18-00470-CV ——————————— ALEXANDER HOUSE, LTD., Appellant V. ARBOR COMMERCIAL MORTGAGE, LLC and

United States Court of Appeals for the Federal Circuit ______________________ IN RE: GUILD MORTGAGE COMPANY, Appellant ______________________ 2017-2620 ______________________ Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board in No. 86709944. ______________________ Decided: January 14, 2019 __________

802 F.Supp.2d 1147 (2011) In re USA COMMERCIAL MORTGAGE COMPANY, Debtor. 3685 San Fernando Lenders, LLC, et al., Plaintiffs, v. Compass USA SPE LLC, et al., Defendants. Case Nos. 2:07-CV-892-RCJ-GWF, 3:07-CV-241-RCJ-GWF. United States District Court, D. Nevada. July 14, 2011. *1153 Janet L. Chubb, Esq., Louis M. Bubala III, E

KEHOE, J. Appellants, Marshall T. Thompkins and his wife, Antoinette S. Thompkins (the “Thompkinses”), appeal from a decision of the Circuit Court for Baltimore City granting summary judgment in favor of appellee Mountaineer Investments, LLC (“Mountaineer”). In their complaint, the Thompkinses contended that Mountaineer was liable for certain alleged viola*689tions of

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SHAUNA PALMER, Plaintiff, Civil Action No. 08-1853 (CKK) v. HOMECOMINGS FINANCIAL, LLC, Defendant. MEMORANDUM OPINION (January 6, 2010) This lawsuit arises out of a home mortgage loan transaction between Plaintiff Shaun

262 B.R. 307 (2001) In re Joan KELLY, Debtor. Joan Kelly, Edward Sparkman, Plaintiffs, v. Ameriquest Mortgage Company, Rose Tree Properties, Inc., and First Commercial Mortgage Co., Defendants. Delaware County Properties, L.P., Plaintiff, v. Joan Kelly, Defendant. Bankruptcy No. 00-32443. Adversary Nos. 00-695, 00-726. United States Bankruptcy Court, E.D. Pennsylvania.

Walsh, J. D. C. Plaintiff seeks a recovery in the amount of $1,750 from defendant mortgage company on a claim that “points” paid by the seller of property amount to nothing more than a usurious exaction by defendant in violation of the statute. The parties have stipulated to the following state of facts: On December 16, 1969 defendant issued a commitment to Mrs. Amy Moses to grant a mortgage loan on premises a