Bates v. Citimortgage, Inc.

(United States First Circuit) – In an action filed by plaintiffs who filed for Chapter 7 bankruptcy, in which their mortgage debt was discharged, and defendants foreclosed on their home, alleging that the IRS Form 1099-A plaintiffs’ received in the mail alerting them that the foreclosure might have tax consequences were a coercive attempt to collect on the mortgage debt that had been discharged, the district court’s judgment in favor of defendants is affirmed where the Forms were not objectively coercive attempts to collect a debt.

HSBC Bank USA, N.A. v. Lassman

(United States First Circuit) – In an appeal from a consolidated adversary action in bankruptcy, brought by the trustee seeking, pursuant to 11 U.S.C. section 544(a)(3), to ‘avoid’ a mortgage on a parcel of land in Massachusetts that the debtors had purportedly granted to the predecessor in interest to HSBC Bank, USA, N.A., the District Court’s judgment reversing the Bankruptcy Court’s grant of summary judgment to debtors is affirmed where the certificate of acknowledgement is not materially defective because it did make clear that the debtors had executed the mortgage as their free act and deed.

Bustos v. Molasky

(United States Ninth Circuit) – In an adversary proceeding against a chapter 11 debtor, seeking exception to discharge of debts pursuant to 11 U.S.C. section 523(c), the Bankruptcy Appellate Panel’s affirmance of the Bankruptcy Court’s dismissal of the complain is reversed where an intervenor can continue to litigate as the sole remaining party in a bankruptcy proceeding involving his own claim, when the original party who represented his interest, and whose adversary complaint he adopted without filing his own, was dismissed for failure to prosecute.