The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

Topic: Mortgage

Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC

Citation: 
Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC), BAP No. KS-14-027 (BAP 10th Cir. July 20, 2015)
Ruling: 
The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court granting summary judgment in favor of defendant of fraudulent transfer avoidance action. The BAP agreed that under 11 USC 544(b) and UFTA, as applied under Oklahoma law, ...
Judge(s): 
Thurman, Michael, Romero
Read on...

Robb v. Harder (In re Robb)

Citation: 
Robb v. Harder (In re Robb), No. 15-6003 (BAP 8th Cir. July 16, 2015)
Ruling: 
The BAP for the 8th Circuit dismissed appeal for lack of jurisdiction. Debtor appealed order of bankruptcy court (W.D. Mo.- Jefferson City) overruling her objection to chapter 7 trustee's unsecured priority claim filed in her chapter 13 case. The BAP ...
Judge(s): 
Kreseel, Saladino, Shodeen
Read on...

Boukatch v. Midfirst Bank (In re Boukatch)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. AZ-14-1483-KiPaJu (July 9, 2015)
Ruling: 
In the issue of first impression before the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP reversed and remanded the bankruptcy court's order denying the Chapter 13 Debtors motion to avoid a lien on their principal residence. The BAP ...
Judge(s): 
KIRSCHER, PAPPAS and JURY, Bankruptcy Judges.
Read on...

Bank of America v. Waits (In re Waits)

Citation: 
Bank of America Bank, N.A. v. Yvonne Roberts Waits (In re Yvonne Roberts Waits), No. 14-11408 (11th Cir. July 16, 2015) (per curiam).
Ruling: 
Based on the United States Supreme Court's ruling in Bank of America, N.A. v. Caulkett, 135 S. Ct. 1995 (2015), the United States Court of Appeals for the Eleventh Circuit reversed the district court, which had affirmed the bankruptcy court's ...
Judge(s): 
Circuit Judges Tjoflat, Jordan and Black
Read on...

MacKenzie v. Neidorf (In re Neidorf)

Citation: 
In re Neidorf, BAP No. AZ-14-1496-JuKiPa (9th Cir. B.A.P. July 10, 2015).
Ruling: 
A national-mortgage-settlement payment paid to a chapter 7 debtor after the petition date was property of the debtor, not the estate.
Judge(s): 
Meredith A. Jury, Ralph B. Kirscher, and Jim D. Pappas, Bankruptcy Judges.
Read on...

Bowles Sub Parcel A, LLC v. CW Capital Asset Mgt. LLC (In re Bowles Sub Parcel A, LLC)

Citation: 
Bowles Sub Parcel A, LLC, et al. v. CW Capital Asset Mgt. LLC, et al. (In re Bowles Sub Parcel A, LLC, ), Nos. 14-1055, 14-1060, 14-1061, 14-1064, 14-1065 (8th Cir. July 1, 2015)
Ruling: 
The 8th Circuit affirmed the affirmed the ruling of the bankruptcy court (D. Minn.), which determined that a default-interest provision in a loan agreement was a valid liquidated-damages provision under Minnesota law. Appellants were six limited liability companies who were ...
Judge(s): 
Gruender, Shepherd, Kelly
Read on...

Breadiy v. PNC Mortgage

Citation: 
Case No. 14-2347 (6th Cir. 2015)
Ruling: 
Michigan State Foreclosure Statute does not require lender to use judicial foreclosure process where borrower defaulted on a prior loan modification within one year of its execution.
Judge(s): 
Boggs, Batchelder and Huck (District Judge)
Read on...

Dodev v. The Bank of NY Mellon

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. AZ-15-1013-JuKiPa (July 2, 2015)
Ruling: 
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") ruling deemed not appropriate for publication, the BAP dismissed the appeal as moot. During the pending appeal, the Debtor's Chapter 11 case was dismissed, and the related civil litigation was still ...
Judge(s): 
JURY, KIRSCHER, and PAPPAS, Bankruptcy Judges.
Read on...

Mbaku, et al. v. Bank of America, et al.

Citation: 
Mbaku, et al. v. Bank of America, et al., No. 14-1379 (10th Cir. 2015)
Ruling: 
Tenth Circuit affirmed Rule 12 dismissal of pro se plaintiffs' due process, equal protection, and Colorado Fair Debt Procedures Collections Act (CFDPCA) claims asserted based on bank's foreclosure on plaintiffs' condo. Tenth Circuit agreed with district court (D. Colo.) ruling ...
Judge(s): 
Briscoe, McKay, Phillips
Read on...

Neff v. Flagstar Bank

Citation: 
Case No. 14-3837 (6th Cir. 2015)
Ruling: 
Borrower precluded from contesting foreclosure based on estoppel or misrepresentation based on lender's alleged statements that borrower did not need to defend foreclosure or that lender would modify loan, where borrower could not prove that but for alleged misrepresentation the ...
Judge(s): 
Moore, Cook and Cohn (District Judge)
Read on...
Syndicate content