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America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)

Citation: 
America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) Case No. 12-60052 (9th Cir. CA August 29, 2014)
Ruling: 
Judge Huck delivered the Opinion of the majority. Legal fees incurred defending an appeal by a creditor previously determined to have violated the automatic stay are included in § 362(k)(1)'s definition of actual damages.
Judge(s): 
J. Clifford Wallace and Ronald M. Gould, Circuit Judges, and Paul C. Huck, Senior District Judge (for the U.S. District Court for the Southern District of Florida, sitting by designation)
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Motto v. State Farm Fire & Casualty Co.

Citation: 
Motto v. State Farm Fire & Casualty Co., Case No. 13-2854 (8th Cir. August 28, 2014)
Ruling: 
Lender's motion to intervene in action between homeowner and insurance company was untimely, and district court's denial of motion was affirmed.
Judge(s): 
Murphy, Colloton, and Kelly.
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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.
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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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