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Federal Rule 8002. Time for Filing Notice of Appeal

Behrens v. U.S. Bank Ntl Assoc. (In re Behrens)

Citation: 
Behrens v. U.S. Bank Ntl Assoc. (In re Behrens), 8th Circuit Court of Appeals, No. 14-1038, No. 14-1041, No. 13-2700, April 14, 2014 [Unpublished]
Ruling: 
In a series of unpublished per curiam opinions, the 8th Circuit Court of Appeals, affirmed the Bankruptcy Appellate Panel ruling upholding the Bankruptcy Court's order terminating the automatic stay under 362 (d)(4) permitting the completion of the foreclosure proceeding on ...
Judge(s): 
WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges.
Read on...

Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).

Citation: 
Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).
Ruling: 
Appellate Panel of 10th Circuit holds that secured creditor is "adequately protected" under Section 363(e) when the value of property securing creditor's claim exceeds the creditor's claim by a reasonable margin. Court held that when a creditor is not ...
Judge(s): 
Judge Michael, Judge Jacobvitz, and Judge Marker
Read on...

Spitzauer v. Exoterm Holding D.D., et al. (In re Spitzauer)

Citation: 
Spitzauer v. Exoterm Holding D.D., et al. (In re Spitzauer), BAP No. 11-1180 (BAP 9th Cir. Jan. 27, 2014) (Not for Publication)
Ruling: 
The 9th Circuit affirmed the BAP's decision affirming the bankruptcy court's order denying Appellant's second motion to extend time to file a notice of appeal. The 9th Circuit ruled that the bankruptcy court correctly denied Appellant's extension request because, ...
Judge(s): 
Canby, Silverman, Paez
Read on...

Knaub v. Rollison (In re Rollison)

Citation: 
Knaub, et al. v. Rollison, Case No. CO-13-028 (B.A.P. 10th Cir. October 29, 2013) (unpublished)
Ruling: 
Under § 523(a)(2)(A), Plaintiff must prove that Debtor’s promise to build a new house – the misrepresentation - caused Plaintiff’s damages and any such damages are limited to those incurred after the promise was made.
Judge(s): 
Thurman, Cornish, Karlin
Read on...

Weinstein v. Federal National Mortgage Association, et al. (In re Weinstein)

Citation: 
Weinstein v. Federal National Mortgage Association, et al. (In re Weinstein), BAP No. CO-13-017 (10th Cir. BAP October 15, 2013)
Ruling: 
The 10th Circuit BAP affirmed the bankruptcy court's (District of Colorado) denial of Chapter 7 debtor's motion for extension of time to file a notice of appeal. The BAP ruled that debtor failed to demonstrate that the bankruptcy court's denial ...
Judge(s): 
Thurman, Cornish, and Karlin
Read on...

Freeman v. Loomas (In re Loomas)

Citation: 
B.A.P. (10th Cir October 15, 2013) Case No. CO-13-017
Ruling: 
AFFIRMING the bankruptcy court's order denying debtor's motion for extension of time.
Judge(s): 
Thurman, Cornish, and Karlin
Read on...

Olivia Perez v. Adalberto Perez Jimenez (In re Jimenez)

Citation: 
BAP No. NC-12-1425-JuTaPa, appealed from Bk. No. 12-42231-WJL
Ruling: 
BAP affirmed bankruptcy court ruling that ex-wife creditor's $245,000 claim against her Chapter 13 Debtor ex-husband was not entitled to priority under 11 USC section 507(a)(1)(A), but rather was a general unsecured claim since it was classified as an equalization ...
Judge(s): 
JURY, TAYLOR, and PAPPAS
Read on...

Alton v. KeyBank, N.A. (In re Powell's International, Inc.)

Citation: 
Bk. No. 10-02965-GBN
Ruling: 
The bankruptcy appellate panel found Non-Debtor Mr. Alton's appeals moot. While Alton may equitably be entitled to $126,000, there is no mechanism under the Code for satisfying his claim. Based on 11 USC 726(b), unpaid chapter 11 administrative claims get ...
Judge(s): 
Taylor, Ahart, Jury
Read on...

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

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
Read on...

Bourgeois v. Bank of America (In re Bourgeois)

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
Read on...
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