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Bechtold v. Gillespie (In re Gillespie)

Citation: 
Ninth Circuit BAP No. CC-13-1455-KuDJu
Ruling: 
Attorney's fees incurred post-petition are properly awarded against Debtor when Debtor voluntarily returns to the litigation fray as happened in the current case. Debtor could have forfeited his litigation rights and the discharge shield would have protected him. ...
Judge(s): 
Kurtz, Dunn, and Jury, Bankruptcy Judges.
Read on...

Hensley v. Associates First Capital Corp. (In re Hensley)

Citation: 
Case No. 13-6304 (6th Cir. 2014)
Ruling: 
Creditor not entitled to reform mortgage to encompass adjacent lot where action to reform mortgage was brought outside 10 year statute of limittions. Creditor not entitled to use equitable ubordination to extend mortgage, although prior mortgage encompassed two parcels, ...
Judge(s): 
Norris, Clay and Keithledge
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Mwangi v. Wells Fargo Bank (In the Matter of Mwangi)

Citation: 
Case No. 12-16087
Ruling: 
The Ninth Circuit panel determined, as a matter of law, that Wells Fargo Bank was not liable for sanctions for intentional violation of stay for placing a "temporary administrative pledge" on four bank accounts held by Debtor. The panel determined that ...
Judge(s): 
Silverman, B.; Fletcher, W.; Bybee, J. Opinion by Judge Bybee.
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Minnesota Housing Finance Agency v. Schmidt (In re Schmidt)

Citation: 
Minnesota Housing Finance Agency v. Schmidt (In re Schmidt), No. 13-2447 (8th Cir. 2014)
Ruling: 
Eighth Circuit Court of Appeals affirmed U.S. District Court, which affirmed bankruptcy court's confirmation of Chapter 13 plan over objection of creditor. Issue was whether Chapter 13 debtor could lien strip third mortgage on residence where residence value was ...
Judge(s): 
Colloton, Shepherd, Kelly
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Racusin v. American Wagering, Inc. (In re American Wagering, Inc.)

Citation: 
2014 WL 4179911 (9th Cir., Aug. 25, 2014)
Ruling: 
Reversing and remanding the decision of the Bankruptcy Appellate Panel (the "BAP"), the Ninth Circuit held that the plain language of a settlement agreement between Appellant Racusin and Appellees American Wagering, Inc. and Leroy's Horse & Sports Place contemplated interest ...
Judge(s): 
The Hon. Mary Margaret McKeown and The Hon. Richard R. Clifton, Circuit Judges, and The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation.
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