Bankruptcy & Creditors and Debtors Rights
Decision
CitiMortgage, Inc. v. Gaudiano
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Monday, May 13, 2013
As explained in the 2010 Connecticut Appellate Court case of Chase Home Finance, LLC v. Fequiere, Connecticut General Statutes §49-17 "permits the holder of a negotiable instrument that is secured by a mortgage to foreclose on the mortgage even when the mortgage has not yet been assigned to him."
Decision
Customer's Bank v. Boxer
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Monday, April 15, 2013
An individual who allegedly provides property repairs in exchange for occupancy may not qualify as a bona fide tenant who is entitled to protection under the Protecting Tenants at Foreclosure Act.
Decision
JP Morgan Chase Bank N.A. v. Superior Flooring Inc.
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Monday, March 18, 2013
A guaranty agreement that specifically identifies an individual as the guarantor can hold the individual legally responsible, in his individual capacity, for the amount borrowed, even if the individual writes the word "president" next to his signature.
Decision
In Re: Bernard L. Madoff Investment Securities LLC
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Monday, March 4, 2013
11 United States Code §105(a) permits bankruptcy courts to enjoin actions excepted from the Bankruptcy Court's automatic stay that might interfere in rehabilitation in a liquidation or in a reorganization case.
Decision
Connecticut Light & Power v. Spencer
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Monday, February 18, 2013
A judgment debtor may be entitled to keep funds that originate from Social Security, even if the judgment debtor did not file a claim exemption form timely, within 15 days of notice.
Decision
Unifund CCR Partners v. Schaeppi
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Monday, January 28, 2013
While the entering of an installment payment order without a basis in a valid judgment may have implications with respect to the validity of the subsequent installment payment order, it did not, conversely, validate an invalid judgment.
Decision
Moran v. Morneau
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Monday, January 21, 2013
In a foreclosure action, a default judgment did not definitively establish the lien priority order alleged in the complaint; a default may settle many issues, but it does not operate to insulate a mistaken legal proposition from judicial review.
Decision
Hecht v. Green Tree Servicing LLC
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Monday, January 21, 2013
A debt collection letter that states that the "amount due on the day you pay may be greater" may not adequately inform the least sophisticated consumer about the "amount of the debt" owed on the date that the letter was received.
Decision
In Re: Anthony Hall
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Monday, January 14, 2013
A landlord holding a security deposit pursuant to C.G.S. §47a-21 does so in a fiduciary capacity under 11 U.S.C. §523(a)(4). Albertha Dennis, a residential tenant, filed a complaint seeking a determination that a security deposit debt owed from her landlord, Anthony Hall, was not discharged under 11 U.S.C. §523(a)(4) or §523(a)(6) in his chapter 7 bankruptcy case.
Decision
Lombardo v. Windham Professionals Inc.
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Monday, January 7, 2013
A court can permit individuals in a class-action suit to file objections and to show cause, if the individuals conclude that a proposed settlement is not fair, reasonable and adequate.
