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Topic: Mortgage

Eden Place, LLC v. Sholem Perl (In re Sholem Perl)

Citation: 
Eden Place, LLC v. Perl (In re Perl), No. 14-60039, --- F.3d --- (9th Cir. Jan. 8, 2016)
Ruling: 
Reversing the Bankruptcy Court, the Ninth Circuit held that an entity that had purchased the debtor's real property through a non-judicial foreclosure sale did not violate the automatic stay by evicting the debtor because the Ninth Circuit concluded that the ...
Judge(s): 
Susan P. Graber, Johnnie B. Rawlinson, and Paul J. Watford, Circuit Judges
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In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).

Citation: 
In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).
Ruling: 
A discharge-ineligible chapter 13 debtor may avoid a lien under section 506(d) after the bankruptcy court has disallowed the creditor’s proof of claim.
Judge(s): 
Richard A. Perez, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Bybee.
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Free v. Malaier (In re Free)

Citation: 
In re Free, No. WW-14-1395-JuKiF (9th Cir. B.A.P. Dec. 17, 2015)
Ruling: 
In personam liability on undersecured debt that is discharged in chapter 7 is not counted toward the unsecured-debt limit in a subsequent chapter 13 case.
Judge(s): 
Meredith A. Jury, Ralph B. Kirscher, and Robert J. Faris, Bankruptcy Judges. Opinion by Judge Jury.
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Allana Baroni v. Nationstar Mortgage, LLC (In re Allana Baroni)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1578-KuDTa (November 10, 2015)
Ruling: 
There are three components necessary for constitutional standing, which include (1) injury in fact (2) causation and (3) redressability. The Ninth Circuit Bankruptcy Appellate Panel ("BAP") disagreed with the bankruptcy court's ruling that the Allana Baroni ("Debtor") lacked standing ...
Judge(s): 
KURTZ, DUNN and TAYLOR, Bankruptcy Judges
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Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez)

Citation: 
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling: 
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of discretion in the bankruptcy court's determination that plaintiff failed to state ...
Judge(s): 
Taylor, Dunn, Jury
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Jester v. Wells Fargo Bank N.A. (In re Jester)

Citation: 
Jester, et al. v. Wells Fargo Bank N.A. (In re Jester), Case No. EO-15-002 (BAP 10th Cir. October 22, 2015). Unpublished.
Ruling: 
If a court is unable to provide debtor any relief, reopening a bankruptcy case would be futile and a court does not abuse its discretion if it refuses to reopen the case. In this case, neither the failure to ...
Judge(s): 
Thurman, Jacobvitz, Hall (Hall)
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Moser, et al. v. Schachar (In the Matter of Thaw)

Citation: 
CTA5 No. 15-40321
Ruling: 
Because Texas Property Code section 52.042 did not affect the lienholder's status until after the bankruptcy, and must be read in conjunction with section 52.043, which creates an exception for abandoned or exempted property from the effects of 52.042, the ...
Judge(s): 
Before REAVLEY, ELROD and HAYNES, Circuit Judges.
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Brumfiel v. Lewis (In re Brumfiel)

Citation: 
Brumfiel v. Lewis, et al. (In re Brumfiel), Case No. CO-15-014 (B.A.P. 10th Cir. October 8, 2015). Unpublished.
Ruling: 
Claims debtor fails to disclose in her bankruptcy schedules remain estate property upon closing of the case and bankruptcy court has jurisdiction to approve a settlement respecting those claims after case is re-opened.
Judge(s): 
Karlin, Cornish, Michael (Karlin)
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Zegzula v. JPMorgan Chase Bank, N.A. (In re Zegzula)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. WW-14-1119-JuKiF (October 2, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") determined its decision was appropriate for submission without oral argument, and not for publication. The BAP affirmed the bankruptcy court's ruling dismissing Henry D. Zegzula ("Debtor") Adversary against J.P. Morgan Case Bank, ...
Judge(s): 
JURY, KIRSCHER, and FARIS, Bankruptcy Judges.
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Gladstone v. Schaefer (In re UC Lofts on 4th, LLC)

Citation: 
Gladstone, et al. v. Schaefer, et al. (In re UC Lofts on 4th, LLC, et al.), BAP No. SC-14-1287-JuKlPa & SC-14-1320-JuKlPa (BAP 9th Cir. Sept. 4, 2015)
Ruling: 
In a 49 page opinion addressing ten issues related to fraudulent transfer, preference, and equitable subordination claims in a consolidated appeal, the BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) on all issues, including ...
Judge(s): 
Jury, Klein, Pappas
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