Search for: "Ernest Wagner"
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30 Apr 2020, 9:25 am
Ernest Wagner [read post]
29 Oct 2019, 1:26 pm
Court of Appeals for the Fifth Circuit recently affirmed a bankruptcy court order denying a bank’s motion to compel arbitration, holding that when a debtor seeks to enforce a discharge injunction, a bankruptcy court may decline to compel arbitration because it implicates a… Ernest Wagner [read post]
14 Jun 2018, 7:27 am
Utah, 414 U.S. 538 (1974), does not toll a subsequent class action after the statute… Ernest Wagner [read post]
15 Jul 2019, 7:39 am
Court of Appeals for the Second Circuit affirmed the dismissal of a case for lack of jurisdiction because when the plaintiffs withdrew their class action allegations in an amended complaint, the withdrawal divested the court of jurisdiction under the federal Class Action Fairness… Ernest Wagner [read post]
23 Aug 2021, 8:37 am
Ernest Wagner [read post]
25 Oct 2018, 11:37 am
… Ernest Wagner [read post]
16 Nov 2018, 6:58 am
Court of Appeals for the Second Circuit held that when a debt collector did not seek to collect fees and interest after default, its letter to a borrower that did not state whether fees and interest continued to accrue… Ernest Wagner [read post]
10 Dec 2018, 9:32 am
Court of Appeals for the Third Circuit held that a title insurer under Pennsylvania state law only had a duty to defend its insured lender for the covered claims alleged in the four corners of a borrower’s complaint, not for all alleged claims… Ernest Wagner [read post]
17 Jun 2019, 4:16 am
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s ruling that a debtor lacked Article III standing to sue a debt collector for failing to notify her in its debt validation letter that to trigger the federal Fair Debt Collection… Ernest Wagner [read post]
22 Aug 2018, 9:14 am
Court of Appeals for the Eighth Circuit held that a plaintiff lacked standing to pursue an alleged violation of the Telephone Consumer Protection Act (TCPA) against a defendant that supposedly did not provide a proper opt-out notice in its advertisement faxes because the… Ernest Wagner [read post]
11 Jun 2019, 3:00 pm
Court of Appeals for the Seventh Circuit recently affirmed two trial court rulings in favor of a debt collector and against the debtors holding that correspondence which identified “the name of the creditor to whom the debt is owed” as the original creditor… Ernest Wagner [read post]
4 Dec 2017, 7:49 am
Accordingly, Read more → Ernest Wagner [read post]
3 Oct 2017, 7:51 am
A copy of the opinion is available Read more → Ernest Wagner [read post]
11 Nov 2019, 8:16 am
In so ruling, the Eleventh Circuit held that… Ernest Wagner [read post]
18 Mar 2019, 7:41 am
Bank National Association is available at:… Ernest Wagner [read post]
22 Aug 2017, 4:59 am
Court of Appeals for the Eleventh Circuit recently affirmed a summary judgment ruling in favor of a mortgage servicer, holding that the servicer had no duty to respond to a Qualified Written Request (“QWR”) under the federal Real Estate Settlement Procedures Act (RESPA) because the borrower failed to send the QWR to the […] Ernest Wagner [read post]
20 Jun 2019, 7:02 am
Court of Appeals for the Eleventh Circuit affirmed the dismissal of a borrower’s claim, holding that a mortgage servicer’s motion to reschedule a previously set foreclosure sale after it approved the borrower for a trial loan modification plan did not violate the federal… Ernest Wagner [read post]
10 May 2019, 10:30 am
The Appellate Court of Illinois Fifth District affirmed the dismissal of a borrower’s alleged putative class action alleging that the successor to a credit card issuer violated various state and federal laws when it filed suit to collect the debt past the four-year statute of… Ernest Wagner [read post]
15 Mar 2019, 5:58 am
A copy of the opinion in Trinity 83 Development,… Ernest Wagner [read post]
