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Topic: Mortgage

Minnesota Housing Finance Agency v. Schmidt (In re Schmidt)

Citation: 
Minnesota Housing Finance Agency v. Schmidt (In re Schmidt), No. 13-2447 (8th Cir. 2014)
Ruling: 
Eighth Circuit Court of Appeals affirmed U.S. District Court, which affirmed bankruptcy court's confirmation of Chapter 13 plan over objection of creditor. Issue was whether Chapter 13 debtor could lien strip third mortgage on residence where residence value was ...
Judge(s): 
Colloton, Shepherd, Kelly
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General Lending Corp. v. Cancio

Citation: 
General Lending Corp. v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).
Ruling: 
The Circuit Court found that GLC could have identified the eligibility issues as early as July 2010 but failed to closely inspect the Debtor's schedules, that the Debtors had maintained their plan payments for two years, and the Debtors would ...
Judge(s): 
Pryor, Martin and Edmondson
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Bank of America v. Waits (In re Waits)

Citation: 
No. 14-11408 (11th Cir. Aug. 21, 2014)
Ruling: 
Order allowing debtor to extinguish second-priority mortgage lien on home when first-priority lien exceeded fair market value of home was affirmed, with the Court observing that it was bound to follow prior-panel decisions In re McNeal, 735 F.3d 1263 (11th ...
Judge(s): 
TJOFLAT, JORDAN, and BLACK, Circuit Judges
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Negrete v. Citizens State Bank (In re Negrete)

Citation: 
Negrete v. Citizens State Bank (In re Negrete), 9th Cir. Bankruptcy Appellate Panel (BAP), CC-13-1557-PaKiTa (August 7, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the Bankruptcy Appellate Panel affirmed the bankruptcy court’s order denying Debtor's motion for reconsideration of an order denying his motion for contempt.
Judge(s): 
PAPPAS, KIRSCHER AND TAYLOR, Bankruptcy Judges.
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Kosttlan v. Schoenmann (In re Kostlan)

Citation: 
Kapnick v. Schoenmann (in re Kostlan), AP No. 13-1506 (9th Cir. BAP, Aug, 4, 2014) (unpublished).
Ruling: 
The order of the bankruptcy court is VACATED, and the matter is REMANDED for the bankruptcy court to make a co-liability determination as a required element under 11 USC 502 (e) (1) (B).
Judge(s): 
Dunn, Jury, and Kurtz.
Read on...

Thomas v. Federal National Mortgage (In re Thomas)

Citation: 
Thomas v. Fed. Nat’l Mortgage Ass’n, Case No. 13-6281 (10th Cir. July 29, 2014)
Ruling: 
Holder of promissory note made a sufficient showing that it had possession of the original note to confer standing to seek an order under 11 U.S.C. § 362(j).
Judge(s): 
Matheson, Ebel, Philips
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In re Cain

Citation: 
14 FED App.0005P (6th Cir.) (BAP)
Ruling: 
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s): 
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
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Bank of America v. Caulkett

Citation: 
D.C. Docket No. 6:14-cv-00078-GAP; 6:13-bk-05337-KSJ
Ruling: 
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
Judge(s): 
Marcus, Pryor, Edmondson, Circuit Judges
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Wells Fargo Bank v. Scantling (In re Scantling)

Citation: 
Wells Fargo Bank, N.A. v. Scantling (In re Scantling), Case No. 13-10558 (11th Cir. June 18, 2014).
Ruling: 
The Court found that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 does not prohibit a debtor from stripping off a wholly unsecured junior mortgage in a Chapter 20 case.
Judge(s): 
Tjoflat, Moore and Schlesinger
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Robinson v. American Home Mortgage Servicing, Inc. (In re Mortgage Electronic Registration Systems, Inc.)

Citation: 
not available as of yet. cite as: Robinson v. Am. Home Mortg. Servicing, Inc. (In re Mortg. Elec. Registration Sys.), 2014 U.S. App. LEXIS 10934 (9th Cir. Ariz. June 12, 2014)
Ruling: 
With the exception of Count I, which sought damages under Arizona's false documents statute, the Ninth Circuit upheld the dismissal of all causes of action on appeal that were raised in the Plaintiffs' Consolidated Amended Complaint ("CAC"). The denial ...
Judge(s): 
Circuit Judges A. Wallace Tashima, William A. Fletcher, and Jacqueline H. Nguyen.
Read on...
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