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In re Monroy

United States Court of Appeals, Ninth Circuit
Jun 20, 2011
650 F.3d 1300 (9th Cir. 2011)

Summary

holding that RESPA sets a minimum level of disclosures required of mortgage creditors to borrowers and bankruptcy proceedings may create additional disclosure requirements

Summary of this case from Piland v. Nationstar Mortg., LLC

Opinion

Nos. 10-60005, 10-60017, 10-60018.

Argued and Submitted June 10, 2011.

Filed June 20, 2011.

Lee S. Raphael, Prober Raphael, Woodland Hills, CA, for the appellants.

M. Erik Clark, Borowitz Clark, LLP, West Covina, CA, for the appellees.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Hollowell, Pappas, and Dunn, Bankruptcy Judges, Presiding. BAP Nos. 09-1175-PaHD, 09-1184, 09-1155.

Before: STEPHEN S. TROTT and PAMELA ANN RYMER, Circuit Judges, and STEPHEN M. McNAMEE, Senior District Judge.

The Honorable Stephen M. McNamee, Senior District Judge for the U.S. District Court for Arizona, sitting by designation.


ORDER

The decisions of the Bankruptcy Courts are affirmed for the reasons given by the Bankruptcy Appellate Panel in its published opinion in In re Herrera, 422 B.R. 698 (9th Cir. BAP 2010), filed January 5, 2010 and attached as an appendix to this order. [Editor's Note: Appendix Omitted for Purposes of Publication]

The remand issue raised by the appellants before this court is waived because it was not raised below. In re Cybernetic Servs., Inc., 252 F.3d 1039, 1045 n. 3 (9th Cir. 2001).


Summaries of

In re Monroy

United States Court of Appeals, Ninth Circuit
Jun 20, 2011
650 F.3d 1300 (9th Cir. 2011)

holding that RESPA sets a minimum level of disclosures required of mortgage creditors to borrowers and bankruptcy proceedings may create additional disclosure requirements

Summary of this case from Piland v. Nationstar Mortg., LLC

adopting BAP's analysis in Herrera in its entirety

Summary of this case from In re Boudreaux
Case details for

In re Monroy

Case Details

Full title:In re Arthur Daniel MONROY; Laura Monroy, Debtors, Home Funds Direct, its…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 20, 2011

Citations

650 F.3d 1300 (9th Cir. 2011)

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