Supreme Court Report

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In Re Daniel L. Junk, et ux.

Paid petition


Certiorari denied · February 20, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In Jesinoski et ux., v. Countrywide Home Loans, Inc., et a]., 135 S.Ct. 790, 190 L.Ed.2d 650 (2015) (per curiam) this Court unanimously held that a borrower exercising his right to rescind under the Truth in Lending Act, 15 U.S.C. § 1635(a), need only provide written notice to his lender within the 3-year period as set forth in § 1635(f), not file suit within that period . "[tihe language leaves no doubt that . . rescission is effected when the borrower notifies the creditor of his intention to rescind." Jesinoski, supra. The Act further provides when a borrower "exercises his right to rescind under [Section 1635(a)], he is not liable for any finance or other charge, and any security interest given by the [borrower] . becomes void upon such a rescission." . . Id. § 1635(b). Within 20 days after receipt of a notice of rescission, the creditor shall return to the [borrower] any money or property given as. downpayment and shall take any action . . . necessary or appropriate to reflect the termination of any security interest created under the transaction (emphasis added). Ibid. The questions presented are: (1) Whether a district court's exercise of its equitable discretion to abstain pursuant to 28 U.S.C. § 1334(c)(1), without applying applicable federal law under 15 U.S.C. §§ 1635(a) and (b) to an objection to a creditor's secured claims against the estate, was an

Counsel of record

For petitioner
Daniel Junk

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2018
    Petition DENIED.
  2. Feb 09 2018
    Reply of petitioners Daniel Junk, et ux. filed. (Distributed)
  3. Jan 31 2018
    DISTRIBUTED for Conference of 2/16/2018.
  4. Jan 31 2018
    Brief of respondent CitiMortgage, Inc. in opposition filed. (Distributed)
  5. Jan 19 2018
    Waiver of right of respondent United States to respond filed.
  6. Dec 22 2017
    Petition for a writ of mandamus filed. (Response due February 1, 2018)