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Arriola v. Naylor (In re Arriola)

Citation: 
9th Cir. BAP CC-15-1092-KuFTa (April 5, 2016) (unpublished)
Ruling: 
The bankruptcy court correctly denied Chapter 13 Debtor permission to re-litigate a dispute with Bank of America concerning chain of title issues with a residential deed of trust. The Debtor had a full and fair opportunity to appeal prior ...
Judge(s): 
KURTZ, FARIS and TAYLOR, Bankruptcy Judges.
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Arnot v. Endersen, et al. (In re Endersen)

Citation: 
In re Endresen, No. OR-15-1141-KiFJu (9th Cir. B.A.P. Apr. 8, 2016).
Ruling: 
Assignment to a trust-deed beneficiary of proceeds of damage to the property gave the beneficiary a lien on funds paid in settlement of construction-defect litigation, notwithstanding 552. Published.
Judge(s): 
Ralph B. Kirscher, Robert J. Faris, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
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In the Matter of Sunnyslope Housing Limited Partnership

Citation: 
Ninth Circuit Court of Appeals, No. 12-17241 ((April 8, 2016)
Ruling: 
For purposes of valuation of a senior lender's interest under section 506(a), restrictions on the debtor's use of the property that would be extinguished in a foreclosure do not apply to limit the value of the senior lender's interest. ...
Judge(s): 
Kozinski, Paez and Clifton
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Rosenberg v. DVI Receivables XIV, LLC, et al.

Citation: 
Rosenberg v. DVI Receivables XIV, LLC, — F.3d —, No. 14-14620 (11th Cir. April 8, 2016)
Ruling: 
The Eleventh Circuit held that the Federal Rules of Bankruptcy Procedure govern cases “arising under” the Bankruptcy Code, even if tried in a federal district court. The court specifically ruled that the Bankruptcy Rules’ 14-day time limitation to file ...
Judge(s): 
Marcus, Jill Pryor, and Fay, Circuit Judges.
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Murtaza v. Sigmund, et al. (In re Murtaza)

Citation: 
In re Murtaza, No. CC-15-1075-KuFTa (9th Cir. B.A.P. Feb. 4, 2016).
Ruling: 
A bankruptcy court may not grant summary judgment in a 727(a)(4)(A) action absent the debtor’s admission that she knowingly and fraudulently made errors and omissions in her schedules and statement of financial affairs. Not-for-publication memorandum.
Judge(s): 
Frank L. Kurtz, Robert J. Faris, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
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