San Diego, CA
Foreclosure Lawyer at San Diego, CA
Practice Areas: Foreclosure, Debt & Lending Agreements ... +2 more
OUTCOME: Successful - Obtained reversal on 9th Circuit appeal
Represented Countrywide Home Loans in a successful appeal. The Ninth Circuit reversed a US District Court judgment declaring that the purchaser at a foreclosure sale was a bona fide purchaser with rig ... hts superior to those of Countrywide. Opinion at 2010 WL 3938095.
OUTCOME: Successful
Mr. Kirby authored the successful amicus brief on behalf of the United Trustee's Association, a national trade association of foreclosure trustees. Kachlon v. Markowitz was the first case to confirm t ... he existence and scope of privilege for foreclosure trustees under California Civil Code section 47.
OUTCOME: Successful
Mr. Kirby repressented Asset Acceptance Corporation, which was sued under the Fair Debt Collection Practices Act and California's Rosenthal Act for its alleged actions in filing an objectionable proof ... of claim in the Bankruptcy Court. The FDCPA claims were withdrawn after Mr. Kirby moved to dismiss them. Mr. Kirby then moved to dismiss the first amended complaint, which sought to hold Asset Acceptance in contempt of court. In a published decision, the Bankruptcy Court dismissed the contempt claim, leaving only a simple objection to the claim.
OUTCOME: Successful - Judgment Affirmed, Case Dismissed
Samsung and U.S. Logistics were sued in the United States District Court for the Middle District of Tennessee for providing allegedly false information to FBI agents which resulted in a search and seiz ... ure of plaintiff's business premises. Mr. Kirby obtained an order of the United States District Court dismissing the lawsuit on the basis of California's law of privileged communications. Mr. Kirby obtained an order of the Sixth Circuit affirming the judgment. Certiorari to the United States Supreme Court was denied.
OUTCOME: Successful - Judgment Affirmed
Mr. Kirby authored teh successful amicus brief filed by the United Trustee's Association, a nationwide foreclosure industry association. The published decision strengthened the right of lenders and fo ... reclosure trustee's to rescind trustee's sales conducted by mistake.
OUTCOME: Successful - Judgment Reversed
Mr. Kirby represented Dorothy Satten, a judgment creditor in the bankruptcy case of James Keenan. During the bankruptcy case, the Debtor sued Ms. Satten and the bankruptcy trustee in California Superi ... or Court, alleging that they had colluded to defraud the debtor. Mr. Kirby obtained the dismissal of that case, and then on behalf of his client sued the debtor and his attorney for malicious prosecution. The trial judge dismissed the lawsuit on the grounds that it was pre-empted by the Bankruptcy Code. Mr. Kirby obtained a reversal of that dismissal. The case was ultimately settled.
OUTCOME: Successful - Judgment Reversed
Mr. Kirby represented the the owner of income property that was subject to foreclosure by Fannie Mae. In dispute were rents collected by a bankruptcy trustee prior to the installation of a receiver. ... Mr. Kirby obtained reversal on appeal of the trial court's judgment awarding the pre-receivership rents to Fannie Mae.
OUTCOME: Obtained Dismissal, Sustained On Appeal
Obtained dismissal of Fair Debt Collection Practices Act lawsuit filed against a consumer debt buyer. Successfully defended on appeal to the Bankruptcy Appellate Panel and the 9th Circuit.
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