§Why CasetextPricing

In Re: "Ameriquest Mortgage Co., Mortgage Lending Practices Litigation"

MOTION

28 Cited authorities

  1. Cannon-Stokes v. Potter

    453 F.3d 446 (7th Cir. 2006)   Cited 290 times
    Holding that a plaintiff who had failed to list her claim on a bankruptcy schedule could not later pursue the claim and stating, "It is impossible to believe that such a sizeable claim--one central to her daily activities at work--could have been overlooked when [plaintiff] was filling in the bankruptcy schedules. And if [plaintiff] were really making an honest attempt to pay her debts, then as soon as she realized that it had been omitted, she would have filed amended schedules and moved to reopen the bankruptcy, so that the creditors could benefit from any recovery."

  2. American Mortg. v. Shelton

    486 F.3d 815 (4th Cir. 2007)   Cited 151 times
    Holding that a borrower's "unilateral notification of cancellation does not automatically void the loan contract" under TILA

  3. McKenna v. First Horizon

    475 F.3d 418 (1st Cir. 2007)   Cited 103 times
    Holding that class action treatment is not available for TILA rescission claims

  4. Andrews v. Chevy Chase Bank

    545 F.3d 570 (7th Cir. 2008)   Cited 88 times   1 Legal Analyses
    Holding that Truth in Lending Act claims for rescission may not, as a matter of law, be brought as a class action

  5. Hamm v. Ameriquest Mortg

    506 F.3d 525 (7th Cir. 2007)   Cited 46 times
    Holding that a materially identical disclosure statement did not use the terms or format required by TILA

  6. In re Pitre

    11 B.R. 777 (Bankr. N.D. Ill. 1981)   Cited 20 times
    Stating as to debtor's duty under 15 U.S.C. § 1635(b) to return money or property, "neither of which can be accomplished by the debtor under the circumstances of this bankruptcy."

  7. Heritage Federal Credit Union v. Cox (In re Cox)

    162 B.R. 191 (Bankr. C.D. Ill. 1993)   Cited 7 times
    Finding where the "debtors are not proposing to repay the loan, they may not rescind the loan"

  8. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,937 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  9. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,907 times   659 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  10. Section 362 - Automatic stay

    11 U.S.C. § 362   Cited 29,530 times   175 Legal Analyses
    Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

  11. Section 101 - Definitions

    11 U.S.C. § 101   Cited 26,773 times   214 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  12. Section 109 - Who may be a debtor

    11 U.S.C. § 109   Cited 4,054 times   35 Legal Analyses
    Allowing municipal bankruptcy only if specifically authorized by state law

  13. Section 521 - Debtor's duties

    11 U.S.C. § 521   Cited 3,614 times   18 Legal Analyses
    Requiring debtor to file a schedule of assets and liabilities

  14. Section 1635 - Right of rescission as to certain transactions

    15 U.S.C. § 1635   Cited 3,308 times   27 Legal Analyses
    Granting consumers the right to rescind

  15. Section 110 - Penalty for persons who negligently or fraudulently prepare bankruptcy petitions

    11 U.S.C. § 110   Cited 2,201 times   3 Legal Analyses
    Prohibiting bankruptcy petition preparers from providing legal assistance

  16. Section 152 - Concealment of assets; false oaths and claims; bribery

    18 U.S.C. § 152   Cited 1,491 times   9 Legal Analyses
    Imposing criminal penalties for fraud in bankruptcy cases

  17. Rule 1007 - Lists, Schedules, Statements, and Other Documents; Time Limits

    Fed. R. Bankr. P. 1007   Cited 1,134 times   4 Legal Analyses
    Imposing a duty to submit a supplemental schedule for property received from certain bequests, property-settlement agreements and life-insurance policies

  18. Section 3 CCR 714-1-J-2

    3 Colo. Code Regs. § 714-1-J-2

    The Price Information statement shall be no less than 8-1/2 inches by 11 inches in outside dimensions and shall include the following: a. The title "Price Information". b. The make, year and serial number of the manufactured home. c. The base price of the manufactured home (FOB dealer's lot) which is the selling price of the manufactured home minus the cost of all factory installed and dealer installed options (for which there is a separate charge). d. An itemized listing of all factory installed