McNinch v. Mortgage America, Inc. (In Re McNinch)
United States Bankruptcy Court, W.D. Pennsylvania
1Opinion of the Court
MEMORANDUM OPINION 1
JUDITH K. FITZGERALD, Chief Bankruptcy Judge.
Issues Presented
This adversary action is before the court in the posture of a motion to dismiss. A default judgment currently stands against assignor of the mortgage and note, Mortgage America. Plaintiff, John P. McNinch, originally asserted claims under the Pennsylvania Unfair and Deceptive Practices Act, as well as The Truth in Lending Act, against the remaining defendant, Harris Trust Savings Bank as Trustee for Cityscape Home Equity Loan Trust (“Harris Trust”). However, McNinch agreed at oral argument that the Pennsylvania…
2Cases cited11 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Ellis v. General Motors Acceptance Corp.Court of Appeals for the Eleventh Circuit · 1998
- Graves v. LoweryCourt of Appeals for the Third Circuit · 1997
- Krause v. Great Lakes Holdings, Inc.Supreme Court of Pennsylvania · 1989
- Johnston v. JohnstonSupreme Court of Pennsylvania · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Johnson v. LONG BEACH MORTGAGE LOAN TRUST 2001-4District Court, District of Columbia · 2006
- Lynch v. RKS Mortgage Inc.District Court, E.D. California · 2008
- Escher v. Decision One Mortgage Co. (In Re Escher)United States Bankruptcy Court, E.D. Pennsylvania · 2007
- Wentz v. Saxon Mortgage (In Re Wentz)United States Bankruptcy Court, S.D. Ohio · 2008
- Bowmer v. NovaStar Mortgage Funding Trust, Series 2006-1District Court, E.D. Pennsylvania · 2010
2 more not listed; retrieve them via the Exa API.