Federal Rule 8002. Time for Filing Notice of Appeal

Pineda v. Bank of America, N.A. (In re Pineda)

Summarized by Margreta Morgulas, Stutman, Treister & Glatt PC 3 weeks 2 days ago
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Citation: 
BAP No. EC-11-1719-MkDJu (B.A.P. 9th Cir., April 23, 2013)
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeal ("9th Cir. BAP") affirmed the Bankruptcy Court order abstaining from exercising jurisdiction over a Chapter 7 debtor's ("Debtor") adversary proceeding, which was commenced after the Chapter 7 trustee ("Trustee") ...
Judge(s): 
Bankruptcy Judges Markell, Dunn and Jury
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Bourgeois v. Bank of America (In re Bourgeois)

Summarized by Shara Cornell, U.S. Bankruptcy Court, Eastern District of Virginia 5 weeks 3 days ago
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Citation: 
Bourgeois v. Bank of America (In re Bourgeois), No. 12-6056 (8th Cir. BAP March 22, 2013)
Ruling: 
Incarceration was not an exigent circumstance and Debtor did not meet the standard for a Motion for Relief from Final Judgment, Order or Proceeding under FRCP 59(e) and FRBP 9023.
Judge(s): 
Chief Judge Federman, Judge Saladino, Judge Nail
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Adamar of New Jersey, Inc. v. Innerbichler (In re Innerbichler)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 9 weeks 3 days ago
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Citation: 
Adamar of New Jersey, Inc . v. Innerbichler (in re Innerbichler), Case No. NM-12-032 (10th Cir. BAP Feb. 25, 2013) (Unpublished)
Ruling: 
The BAP affirmed the bankruptcy court's ruling that the debtor's gambling debts were dischargeable and that the creditor was unable to establish that the debts were obtained by fraud under 11 USC Section 523(a)(2)(A) and denied debtor fees under Section ...
Judge(s): 
Michael, Romero and Tallman, Bankruptcy Judges.
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Rivera v. ASUME (In re Rivera)

Summarized by Bodie Colwell, Bernstein Shur 12 weeks 3 days ago
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Citation: 
Rivera v. ASUME (In re Rivera), No. 12-00341-ESL (B.A.P. 1st Cir. Feb. 19, 2013).
Ruling: 
The B.A.P. AFFIRMED the denial of the U.S. Bankruptcy Court for the District of Puerto Rico (the "Bankruptcy Court") for relief from the order dismissing the debtor's chapter 13 case and prohibiting him from filing another case for 18 months.
Judge(s): 
Hillman, Boroff, and Kornreich
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Royal v. First Interstate Bank (In re Trierweiler)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 19 weeks 5 days ago
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Citation: 
10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.
Ruling: 
AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no invalidating split between the note and the mortgage either when ...
Judge(s): 
Thurman, Brown and Somers.
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Woodman v. Concept Construction, LLC (In re Woodman)

Summarized by Steven T. Mulligan, Bieging Shapiro & Barber LLP 29 weeks 1 day ago
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Citation: 
Woodman v. Concept Construction, LLC (In re Woodman); -- F. 3d --; 2012 WL 5259193 (10th Cir. Oct. 25, 2012)
Ruling: 
A dismissal of an appeal after docketing must meet the standards of Fed. R. Bankr. P. 8001(c)(2) failing which, such appeal remains pending thereby rendering the filing of a second appeal to the US District Court a nullity and depriving ...
Judge(s): 
Lucero, Hartz and O'Brien
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Bosch v. Frost National Bank (In re 2646 South Loop West Limited Partnership)

Summarized by Doug Stewart, Stewart Robbins & Brown LLC 30 weeks 6 days ago
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Citation: 
Bosch v. Frost National Bank, et al. (In re 22646 South Loop West Limited Partnership), No. 12-20135, Fifth Circuit Court of Appeals
Ruling: 
Rule 8002(a) requires the filing of a notice of appeal from the bankruptcy court to the district court within 14 days of the date of the entry of the judgment or order. Because the Appellant filed his notice of ...
Judge(s): 
Before JOLLY, BENAVIDES, and DENNIS, Circuit Judges.
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Banco Bilbao Vizcaya Argentaria Puerto Rico v. Vazquez (In re Vazquez)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 48 weeks 2 days ago
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Citation: 
B.A.P. 1st Cir (Case No 09-01574-BKT)
Ruling: 
DISSMISSAL of appeal due to untimeliness and AFFIRMING lower court's denial of creditor's motion for reconsideration of order in connection with a motion to amend.
Judge(s): 
US Bankruptcy Appellate Panel Judges, Boroff, Deasy and Bailey.
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Gourlay v. Sallie Mae, Inc. (In re Gourlay)

Summarized by Jason Forbes, Mason, Schilling & Mason Co., LPA 1 year 12 weeks ago
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Citation: 
2012 FED App. 0001P (6th Cir.); Appellate Case No. 11-8066, on appeal from the U.S. Bankruptcy Court for the Eastern District of Kentucky at Adversary Case No. 11-5036
Ruling: 
The Bankruptcy Appellate Panel of the Sixth Circuit ruled that it was not an abuse of discretion to deny a creditor's motion to set aside a default judgment when the creditor failed to demonstrate that it maintained minimal internal safeguards ...
Judge(s): 
Arthur I. Harris
C. Kathryn Preston
Marilyn Shea-Stonum
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Johnson v. Fink (In re Johnson)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 1 year 28 weeks ago
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Citation: 
Johnson V. Fink, Case No: 11-6037 (BAP 8th Cir.)
Ruling: 
The Bankruptcy Appellate Panel for the 8th Circuit affirmed the bankruptcy court's ruling.
Judge(s): 
Kressel, Chief Judge Saldino and Nail.
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