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Credit One Bank, N.A.; Credit One Financial; Sherman Financial Group, LLC (9th Circuit Court of Appeals, 5/6/22). [read post]
12 Mar 2020, 6:01 pm by MOTP
 Little, 37 F.3d at 1076.For claims or defenses on which the moving party will bear the burden of proof at trial, to be entitled to summary judgment the movant "must establish `beyond peradventure all of the essential elements of the claim or defense.'" Bank One, Tex., N.A. v. [read post]
27 Mar 2018, 5:02 pm by Wolfgang Demino
Therefore, the loans at issue are wholly excepted from discharge under § 523(a)(8)(A)(i) unless plaintiff is able to demonstrate undue hardship. [read post]
17 Dec 2017, 3:28 pm by Wolfgang Demino
In a similar vein, they might argue that the national bank should be able to “freeze” the interest rate too, in cases where the default rate is a variable APR based on prime. [read post]
17 Dec 2017, 3:28 pm by Wolfgang Demino
And the credit card account at issue in Madden was presumably one of those, because the 2d Circuit opinion in Madden v Midland mentions a notice-of-change-in-terms that changed the choice-of-law state to Delaware, FIA's home state.Exemplar of Bank of America N.A. [read post]