Legal Opinion

Cano v. GMAC Mortgage Corp. (In Re Cano)

United States Bankruptcy Court, S.D. Texas

Decided August 10, 2009No. 19-30859PublishedCited by 36 opinions

1Opinion of the Court

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

Background

Plaintiffs are current and former chapter 13 debtors who executed mortgage 1 contracts with GMAC. Plaintiffs allege that GMAC improperly charged and collected fees and costs during their pending chapter 13 plans and failed to disclose the activities to the bankruptcy court. Plaintiffs also allege that GMAC attempted to collect some non-disclosed, accumulated fees and costs after Plaintiffs received their chapter 13 discharges. Plaintiffs seek relief from GMAC’s alleged conduct under a host of theories.

The Court dismisses the majority…

2Cases cited121 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Albright v. OliverSupreme Court of the United States · 1994
  5. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006

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

3Cited by36 opinions

  1. Trevino v. HSBC Mortgage Services, Inc. (In re Trevino)United States Bankruptcy Court, S.D. Texas · 2015
  2. Evan Crocker v. Navient Solutions, L.L.C.Court of Appeals for the Fifth Circuit · 2019
  3. Rodriguez v. Countrywide Home Loans, Inc. (In Re Rodriguez)United States Bankruptcy Court, S.D. Texas · 2009
  4. Rodriguez v. Countrywide Home Loans, Inc. (In re Rodriguez)United States Bankruptcy Court, S.D. Texas · 2014
  5. Faulkner v. Eagle View Capital Management (In Re Heritage Organization L.L.C.)United States Bankruptcy Court, N.D. Texas · 2011

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

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