Bankruptcy & Creditors and Debtors Rights

Decision

U.S. Bank N.A. v. Gonzales

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Monday, November 5, 2012

Defense allegations that amounts charged were so "one-sided" as to be unconscionable can be sufficient to provide a defense to a foreclosure action.

Decision

U.S. Bank N.A. v. 3060 Main Street Stratford LLC

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Monday, October 29, 2012

A mortgage that is obtained by fraud is not enforceable. In November 2011, a court found that the fair market value of the subject commercial property was $500,000 and that the defendant owed the plaintiff, U.S. Bank, $1.32 million.

Decision

Orjuela v. New Haven Register LLC

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Monday, October 15, 2012

An employer's derivative claim for reimbursement of workers' compensation payments can survive, even if the defendant files for bankruptcy protection, and the employer fails to file a proof of claim with the Bankruptcy Court.

Decision

JP Morgan Chase Bank N.A. v. Essaghof

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Monday, September 17, 2012

Allegations that bank representatives made false statements of fact to induce homeowners to sign a mortgage modification and, as a result of this modification, the homeowners were unable to afford their increased monthly payments, may be adequate to allege the special defense of fraud in the inducement.

Decision

One Country, LLC v. Johnson

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Monday, September 10, 2012

The treatment for tax or accounting purposes of a debt owing did not release guarantors from liability under absolute and unconditional guarantees.

Decision

JP Morgan Chase Bank, N.A. v. Winthrop Properties, LLC

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Monday, September 3, 2012

The plain and unambiguous language of Connecticut General Statutes §49-1 provides that once a plaintiff mortgagee obtains the subject property by strict foreclosure, it is barred from taking further action to collect on the debt, not only against the borrower but against any persons who may be liable for the debt, including a guarantor.

Decision

Town of Stratford v. Ross & Roberts Inc.

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Monday, August 27, 2012

In a tax lien foreclosure, a defendant property owner can assert as a special defense that the municipality levied a tax that was not proper, provided that the defendant files a separate appeal of the tax assessment, pursuant to Connecticut General Statutes §12-117a.

Decision

Ferri v. Powell-Ferri

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Monday, August 20, 2012

Trustees of a trust that benefits a former husband may not qualify as "debtors" under Connecticut's fraudulent transfer act and may be able to transfer the assets to another trust without violating the act.

Decision

Derisme v. Hunt Leibert Jacobson P.C.

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Monday, August 13, 2012

Entities that enforce client's security interests are subject only to 15 United States Code §1692f(6) and not the remainder of the federal Fair Debt Collection Practices Act.

Decision

MCC Funding, LLC v. Beverly Hills Suites, LLC

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Monday, July 30, 2012

Precedent establishes that the Connecticut appellate courts are hesitant to find an abuse of discretion where the trial court has denied a motion for continuance made on the day of trial.