Bankruptcy & Creditors and Debtors Rights
Decision
Gabriele v. American Home Mortgage Servicing Inc.
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Monday, December 17, 2012
Communications that mislead a consumer about the nature and status of debt, or that obstruct the consumer's ability to respond to a debt collection action, can violate the federal Fair Debt Collection Practices Act.
Decision
Breahna v. Tabacco
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Monday, December 10, 2012
When a note does not indicate that individual defendants obtained any value from the loan, a plaintiff may not be able to prove that individual defendants qualified as "accommodation makers," pursuant to Connecticut General Statutes §42a-3-419.
Decision
City of Hartford v. McKeever
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Monday, December 3, 2012
Although, as stated in the 1969 Connecticut Supreme Court case of Fairfield Credit Corp. v. Donnelly, "an assignee of a contract takes it subject to all defenses which might have been asserted against the assignor," the assignee does not take it subject to affirmative claims against the assignor arising from the assignor's prior conduct without express assumption of such liability by the assignee.
Decision
Interstate Advisor LLC v. McCalla
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Monday, November 26, 2012
A court can find that a subsequently recorded mortgage is entitled to be first in priority, pursuant to the doctrine of equitable subrogation.
Decision
JP Morgan [Chase] Bank v. Frank
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Monday, November 19, 2012
A mortgage is a conveyance of real property and must comply with the statute of frauds in Connecticut General Statutes §§47-5 and 52-550.
Decision
New Alliance Bank v. Schaeppi
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Monday, November 12, 2012
Pursuant to C.G.S. §33-820(a)(4), all property owned by, and all contract rights possessed by the plaintiff bank were vested in its successor following the merger of the banks and the trial court was not required to hold an evidentiary hearing with respect to a motion to substitute the successor bank as plaintiff in this foreclosure proceeding.
Decision
In Re: Giaccio; Aqua Scapes LLC v. Giaccio
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Monday, November 12, 2012
A contractor who induces a subcontractor to work as a result of "false pretenses, a false representation, or actual fraud" may not be allowed to discharge the debt in Chapter 7.
Decision
In Re: Silva; Ford Motor Credit Co. LLC v. Silva
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Monday, November 12, 2012
11 United States Code §523 provides that a debt may not be dischargeable, if the debt results from "false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's or an insider's financial condition."
Decision
In Re: Desormes
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Monday, November 12, 2012
A debtor can obtain the discharge of a student loan if the debtor proves, by a preponderance of the evidence, that the debtor cannot maintain, based on current income, a minimal standard of living; that this state is likely to persist for a significant portion of the repayment period; and that the debtor attempted in good faith to repay the loan, pursuant to 11 United States Code §523(a)(8).
Decision
Capital One N.A. v. Hutchins-Orsi a/k/a Hutchins
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Monday, November 5, 2012
A court can approve a foreclosure by sale, even if the highest bid was only 65 percent of the property's appraised value.
