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Mano-Y&M, Ltd v. Field (In re The Mortgage Store, Inc.)

Citation: 
In re The Mortgage Store, Inc., No. 13-16020 (9th Cir. Dec. 5, 2014).
Ruling: 
An initial transferee under § 550(a)(1) is one who has “dominion” over the transferred property by both holding legal title to the property and having the ability to use it as the transferee sees fit. Control alone does not suffice.
Judge(s): 
A. Wallace Tashima, Johnnie B. Rawlinson, and Richard R. Clifton, Circuit Judges.
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Witkowski v. Boyakian

Citation: 
United States Bankruptcy Panel for the First Circuit, BAP No. RI 14-040 (Nov. 13, 2014)
Ruling: 
The Court determined that a bankruptcy judge did not abuse her discretion in dismissing a chapter 13 case pursuant to Code sec. 1307. More specifically, the Court ruled that (i) a debtor's failure to make payments to the chapter ...
Judge(s): 
Tester, Godoy and Harwood
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Wojcik v. Gold (In re Daher)

Citation: 
Sixth Circuit Court of Appeals Bankruptcy Appellate Panel No. 14-8028, File No. 14b0006n.06
Ruling: 
Insurance proceeds in which the Debtor had an interest at the time of filing of the bankruptcy case are property of the bankruptcy estate. Even though debtor has a pre-petition insurance policy on property where mortgagee is loss payee, ...
Judge(s): 
Emerson, Humphrey and Preston (BAP)
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Desmond v. Green

Citation: 
Desmond v. Green, (In re Harborhouse of Gloucester, LLC) BAP No. MB 14-013, MB 14-014
Ruling: 
The BAP upheld the bankruptcy court ruling that because a note secured by a mortgage had been lost, Green, the purported holder of the lost note and mortgage (through transfer) had no right to enforce the note or foreclose. The ...
Judge(s): 
Lamoutte, Deasy and Kornreich
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In re Doyne

Citation: 
Case No. 14-8004 (6th Cir. BAP 2014)
Ruling: 
Bankruptcy Court did not abuse discretion in denying creditor's Motion for Extenstion of Time to file Complaint to object to Discharge under Section 523.
Judge(s): 
Harrison, Humphrey & LLoyd
Read on...
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