Legal Opinion

McNerney v. Rescap Borrower Claims Trust (In re Residential Capital, LLC)

District Court, S.D. New York

Decided November 30, 2016No. 16 Civ. 1955 (PAE)PublishedCited by 15 opinions

1Opinion of the Court

OPINION & ORDER

PAUL A. ENGELMAYER, District Judge.

This decision resolves claims against a bankruptcy estate first made by a homeowner, Patricia J. McNerney, as counterclaims to a foreclosure action brought against her by the bankruptcy debtor after she failed to repay a $108,000 home mortgage refinance loan for her Ohio house. In a February 29, 2016 decision, the United States Bankruptcy Court in this District (Hon. Martin Glenn) disallowed, for failure to state a claim, McNerney’s claims against the estate, as well as the claims for attorney’s fees made by McNerney’s lawyer, Susan M. Gray,…

2Cases cited50 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  4. Butner v. United StatesSupreme Court of the United States · 1979
  5. Arista Records, LLC v. Doe 3Court of Appeals for the Second Circuit · 2010

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3Cited by15 opinions

  1. Salim v. Nisselson (In re Big Apple Volkswagen, LLC)District Court, S.D. New York · 2017
  2. Maverick Long Enhanced Fund, Ltd. v. Lehman Bros. Holdings Inc. (In re Lehman Bros. Holdings Inc.)District Court, S.D. Illinois · 2018
  3. Rozell v. Carpenter (In re Carpenter)District Court, S.D. New York · 2017
  4. Cintron v. Doe 1District Court, S.D. New York · 2020
  5. Daniel Benyamin and Lucy BenyaminUnited States Bankruptcy Court, S.D. New York · 2020

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