TILA/FCRA cases in BK Court
Posted: Tue Apr 01, 2008 8:49 am
I just thought there was some "trend" in allowing these cases in bankruptcy
court, which is why you and others had recommended bringing it in that
forum. I will review the cases.
______________________
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To:
Sent: Tuesday, April 01, 2008 1:04 AM
Subject: [cdcbaa] Re: TILA/FCRA cases in BK Court
> Marc,
>
> Too few facts. You should look at the case law under Abstention.
> There are a number of factors a court will consider, and in this
> instance, you will need to evaluate your facts against the factors for
> Abstention, Removal and Remand. Good luck. Lou Esbin
>
> --- In cdcbaa@yahoogroups.com, "Mark JM" wrote:
>>
>>
>> I meant having it sent to District Court, since these are federal
> claims. I guess my real question is that since none of these are core
> proceedings, what is the likelihood of the court exercising abstention
> given the 3rd party defendants, non-core proceedings, etc?
>>
>>
>> ----- Original Message -----
>> To: cdcbaa@yahoogroups.com
>> Sent: Monday, March 31, 2008 11:26 PM
>> Subject: [cdcbaa] TILA/FCRA cases in BK Court
>>
>>
>> More questions for those of you familiar with TILA/Predatory
> lending cases.
>>
>> If the case being filed has defendants who are not parties to the
> bankruptcy case (i.e. not a creditor), such as the mortgage broker,
> does this increase the risk of the case being sent back to State
> Court? If so, is it worth filing it first in the BK court?
>>
>> ______________________
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)509-1460 (fax)
>> web: http://www.bklaw.com/
>> This Firm is a Qualified Federal Debt Relief Agency
>> ___________
>> NOTICE: This Electronic Message contains information from the law
> office of Mark J. Markus that may be privileged. The information is
> intended for the use of the addressee only. If you are not the
> addressee, note that any disclosure, copy, distribution or use of the
> contents of this message is prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. tax advice contained
> in this communication (or in any attachment) is not intended or
> written to be used, and cannot be used, for the purpose of (i)
> avoiding penalties under the Internal Revenue Code or (ii) promoting,
> marketing or recommending to another party any transaction or matter
> addressed in this communication (or in any attachment).
>>
>
>
>
> ------------------------------------
>
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