United States Third Circuit

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.

Appellate Information

• Decided 11/12/2009
• Published 11/12/2009

Judges

• Before:  SLOVITER, FUENTES, and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David A. Scholl, Regional Bankruptcy Center of Southeastern Pennsylvania, Newtown Square, PA, Attorney for Appellant.


• For Appellees:
  
• Sandhya M. Feltes, Kaplin, Stewart, Meloff, Reiter & Stein, Blue Bell, PA, Attorney for Appellee.