In debtors’ bankruptcy proceedings for defaulting on their loan, ruling upholding the bankruptcy court’s grant of summary judgment to the creditors and its denial of debtors’ motion to amend is affirmed where: 1) the Rooker-Feldman doctrine precluded the bankruptcy court’s jurisdiction over debtors’ rescission claim because that claim was inextricably intertwined with a Court of Common Pleas’ foreclosure judgment; 2) there was an adequate basis for summary judgment on the Truth in Lending Act damages claim, specifically, that debtors failed to create a genuine issue of material fact as to whether they had prior title insurance in connection with the loan; and 3) the bankruptcy court did not abuse its discretion in denying debtor’s motion to amend as it was untimely.
Read In re: Madera, No. 08-2205
Appellate Information
On Appeal from the United States District Court for the Eastern District of Pennsylvania
(D.C. No. 2-07-cv-01396)
District Judge: Honorable Knoll Gardner
Opinion Filed November 12, 2009
Judges
Before: Sloviter, Fuentes, and Hardiman, Circuit Judges
Opinion by Sloviter, Circuit Judge
Counsel
Counsel for Appellant: David A. Scholl
Counsel for Appellee: Sandhya M. Feltes
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