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Topic: Mortgage

In re Wendy A. Nora

Citation: 
No. 13-2676
Ruling: 
Rule 38 of the Federal Appellate Procedure- When a litigant or attorney presents appellate arguments with no reasonable expectation of success for the purpose of delay, harassment or sheer obstinacy, sanctions are appropriate. Nora has given the court no reason to ...
Judge(s): 
Bauer, Posner and Tinder
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Eickerman v. La Jolla Group, II

Citation: 
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling: 
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses incurred when Eickerman (Appellant) defaulted during the execution of ...
Judge(s): 
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
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Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera)

Citation: 
Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera), Case No. CC-13-1505-KuPaTa (B.A.P. 9th Cir. Dec. 23, 2014)
Ruling: 
AFFIRM bankruptcy court's ruling, dismissing adversary proceeding pursuant to Fed. R. Civ. P. 12(b)(6) (made applicable by Fed. R. Bankr. P. 7012), holding that, under California law, a borrower in default is not permitted to challenge pending nonjudicial foreclosure proceedings ...
Judge(s): 
Vincent Zurzolo
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Starion Financial v. McCormick (In re McCormick)

Citation: 
Starion Financial v. McCormick (In re McCormick), 8th Cir. B.A.P (No. 14-6008), December 24, 2014
Ruling: 
The 8th Circuit Bankruptcy Appellate Panel reversed the bankruptcy court’s order denying Starion Financial's Motion to Compel Payment of Fees Under the Confirmed Plan of Reorganization and granting the Debtors’ Motion to Disallow Attorneys’ Fees and Costs. The ...
Judge(s): 
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges. Opinion authored by Judge Shodeen.
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Aguilar v. Ocwen Loan Servicing, LLC (In re Aguilar)

Citation: 
BAP Nos. CC-14-1017-PaTaKu; CC-14-1073-PaTaKu (unpublished)
Ruling: 
In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks standing to assert claims that are property of the estate and ...
Judge(s): 
PAPPS, TAYLOR, and KURTZ, Bankruptcy Judges.
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Ellis v. Yu (In re Ellis)

Citation: 
NC-14-1052-PAJuKu (B.A.P. 9th Cir. November 19, 2014)
Ruling: 
The BAP panel dismissed appeal as moot. After filing the appeal, Debtor's Chapter 13 case was converted to a Chapter 7 and a discharge was entered. The BAP held it could not exercise jurisdiction over a moot appeal ...
Judge(s): 
BAP Panel: Pappas, Jury, and Kurtz.
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Jalonowski v. Jean (In re Jean)

Citation: 
Jalonowski v. Jean (In re Jean), 9th Cir. B.A.P., BAP No. NC-14-1198-KuPaJu (November 21, 2014) [Unpublished]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s orders confirming the debtors chapter 13 plan and denying the appellants dismissal motion and objection to confirmation of debtor's plan. The appellants argued that debtors petition ...
Judge(s): 
KURTZ, PAPPAS and JURY, Bankruptcy Judges
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Rivera v. Deutsche Bank (In re Rivera)

Citation: 
NC-13-4615
Ruling: 
Ninth Circuit BAP affirmed in part and reversed in part bankruptcy court's order dismissing debtors' second amended complaint against the bank challenging the mortgage on the debtors' property. The bankruptcy court dismissed the entire complaint without leave to amend, holding ...
Judge(s): 
Kurtz, Pappas & Jury
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Aspen Skiing Co. v. Cherrett (In re Cherrett)

Citation: 
Aspen Skiing Co. v. Cherrett (In re Cherrett), BAP No. CC-14-1056-DKiTa (B.A.P. 9th Cir. Nov. 7, 2014)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit determined that (1) the order denying the section 707(b) motion to dismiss was a final order that could be appealed immediately and (2) the bankruptcy court did not ...
Judge(s): 
DUNN, KIRSCHER, and TAYLOR
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Carlson v. U.S. Bank (In re Carlson)

Citation: 
Carson v. U.S. Bank, N.A. (In re Carlson), No. 14-6024 (BAP 8th Cir. October 17, 2014)
Ruling: 
The 8th Circuit BAP affirmed the rulings of the U.S. Bankruptcy Court for the District of Minnesota denying debtors' motion for violation of automatic stay, violation of homestead exemption, violation of discharge, and creditor misconduct. The BAP ruled that ...
Judge(s): 
Federman, Saladino, Shodeen
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