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Topic: Bankruptcy Litigation

Morris, et al. v. Davis (In re Morris)

Citation: 
BAP No. SC-15-1222-FJuKi (BAP 9th Cir. Mar. 29, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) approving a settlement agreement, finding the bankruptcy court did not abuse its discretion in granting the motion to settle as fair and equitable. Bankruptcy court ...
Judge(s): 
Faris, Jury, Kirscher
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World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al.)

Citation: 
World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al), Case No. 15-1498 (3d Cir. Apr. 20, 2016) (precedential)
Ruling: 
Contractual agreement between common carrier and its customer to transfer an unwaived maritime lien in delivered goods to goods currently held by common carrier was enforceable. Current shipment of goods may be held to secure the payment of prior shipments. ...
Judge(s): 
McKee, Chief Judge; Jordan (author) and Vanaskie, Circuit Judges
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Mid-South Iron Workers Welfare Plan, et al. v. Harmon

Citation: 
No. 15-6064 (10th Cir. Apr. 13, 2016)
Ruling: 
The Tenth Circuit affirmed the decision of the U.S. District Court (W.D. Okla.), dismissing complaint under Rule 12(b)(6) based on the expiration of the statute of limitations. The Tenth Circuit agreed that under Rule 12(b)(6) the trial court could take ...
Judge(s): 
Gorsuch, McKay, Bacharach
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Uberoi v. Supreme Court of Florida

Citation: 
D.C. Docket No. 8: 14-cv-02321-TGW; 15-12636
Ruling: 
The 11th Circuit Court of Appeals affirmed the district court's order dismissing complaint for lack of subject matter jurisdiction based on sovereign immunity and the Rooker-Feldman doctrine. Held: Under the Rooker-Feldman doctrine, federal district courts lack subject matter jurisdiction over claims ...
Judge(s): 
Carnes; Hull; Marcus
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Liebzeit v. Intercity State Bank, et al. (In re Blanchard)

Citation: 
Liebzeit v. Intercity State Bank, et al. (In re Blanchard), Case No. 15-1970 (7th Cir. App. Apr. 14, 2016)
Ruling: 
1. Under Wisconsin law, a mortgage can properly attach a lien to a vendor's interest in a land contract. 2. The lender perfected it's lien on the vendor's interest by recording a mortgage in the land records, rather than ...
Judge(s): 
Hamilton, Posner, Ripple
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In re Jepson

Citation: 
In re Jepson, No. 14-2459 (7th Cir. April 15, 2016) (unpublished).
Ruling: 
A motion to stay this court’s mandate pending final disposition of the litigation in the Supreme Court was denied because the movant intended to raise an issue of constitutional standing in her petition for certiorari, where prudential standing formed the ...
Judge(s): 
Ripple
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Wicklund v. Robert D. Johnson Trust (In re Wicklund)

Citation: 
BAP No. WW-14-1424-KiFJu (BAP 9th Cir. March 15, 2016) (Unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the bankruptcy court’s (W.D. Wa.) orders denying Jeffrey’s claim of homestead exemption and denying chapter 13 debtor's motion to alter or amend the order denying debtor's homestead exemption. The bankruptcy court’s conclusion was ...
Judge(s): 
Kirscher, Faris, and Jury
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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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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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