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Wildhaber, Sr. v. Burchard (in re Wildhaber, Sr.)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1352-PaJuKl (July 28, 2015)
Ruling: 
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order dismissing the Chapter 13 case for failure to timely file a Chapter 13 plan. The bankruptcy court provided proper notice of the ...
Judge(s): 
Honorable PAPPAS, JURY, and KLEIN (sitting by designation), Bankruptcy Judges.
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U.S.A. v. Bruner

Citation: 
15a0543n.06; Case No. 14-5990
Ruling: 
District Court correctly found that defendant in a trial for bankruptcy fraud and other offenses did not offer a sufficient factual predicate to warrant an instruction to the jury on the advice of counsel defense. The Sixth Circuit found ...
Judge(s): 
Boggs and Donald, Circuit Judges, and Quist, District Judge, sitting by desgnation
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Brumfiel v. U.S. Bank, et al.

Citation: 
Case No. 14-1421, United States Court of Appeals for the 10th Circuit
Ruling: 
Dismissal affirmed. Applying de novo review, the 10th Circuit concluded that Debtor's claims for injunctive relief were moot because Bank was no longer pursuing its non-judicial Rule 120 procedure, and Debtor's claims for money damages were property of her bankruptcy ...
Judge(s): 
Matheson, Bacharach, and Moritz, Circuit Judges.
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Barney v. Bank of America (In re Gifford)

Citation: 
Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)
Ruling: 
Constructive notice of the existence of a lien precludes a trustee’s avoidance of a perfected lien using section 544(a)’s strong arm powers and a debtor who grants a mortgage on her property does not retain an interest in property in ...
Judge(s): 
Cornish, Karlin, Jacobvitz (Karlin)
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Loreley Financing (Jersey) No. 3 Ltd., et al. v. Wells Fargo Securities, LLC, et al.

Citation: 
Loreley Financing (Jersey) No. 3 v. Wells Fargo Securities, LLC, No. 13-CV-1476 Slip Op. (2d Cir. July 24, 2015)
Ruling: 
The Circuit Court held that the district court erred in aspects of its dismissal under Rule 12(b)(6). The court found that (1) Plaintiffs' identification of the group defendants suffices to meet particularity requirements of Rule 9(b); (2) the allegations ...
Judge(s): 
Leval, Calabresi, Lynch
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