Legal Opinion

Brian Bauman v. Bank of America

Court of Appeals for the Sixth Circuit

Decided December 23, 2015No. 15-3106PublishedCited by 47 opinions

1Opinion of the Court

OPINION

BELL, District Judge.

Did Defendants who failed to bring a debt collection action as a counterclaim to a Fair Debt Collection Practices Act lawsuit waive their ability to collect on the debt in the future? That is the question presented in the latest round of litigation between Plaintiffs-Appellants Brian and Cynthia Bauman and Defendants-Appel-lees Bank of America, N.A., Hudson City Savings Bank, and Mortgage Electronic Registration Systems, Inc. The district court answered no. For the reasons that follow, we agree and affirm.

I

In August 2004, Brian and Cynthia Bau-man purchased…

2Cases cited12 opinions

  1. Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
  2. Baker v. Gold Seal Liquors, Inc.Supreme Court of the United States · 1974
  3. Ken Baker v. G. C. Services CorporationCourt of Appeals for the Ninth Circuit · 1982
  4. Deborah W. Kane and Andrew Kane v. Magna Mixer Company and Paul L. KramerCourt of Appeals for the Sixth Circuit · 1995
  5. Peter Newberry v. Marc SilvermanCourt of Appeals for the Sixth Circuit · 2015

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3Cited by47 opinions

  1. Michael Cutts v. Richland Holdings, Inc.Court of Appeals for the Ninth Circuit · 2019
  2. Alanis v. Nationstar Mortgage LLCDistrict Court, W.D. Texas · 2019
  3. Alliance Solutions Group, LLC v. BishopDistrict Court, N.D. Ohio · 2025
  4. Atyria S. Clark v. Lonita K. Baker, et al.; Lonita K. Baker v. Atyria S. Clark, and The Diva Lawyers Social Club, Inc.District Court, W.D. Kentucky · 2026
  5. Barnes v. Midland Credit Management, Inc.District Court, N.D. Ohio · 2021

42 more not listed; retrieve them via the Exa API.

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