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Topic: Mortgage

Fillinger v. Lerner Sampson & Rothfuss, et al.

Citation: 
No. 14-4097 (6th Cir. August 17, 2015)
Ruling: 
The Sixth Circuit affirmed dismissal of claims brought under the Fair Debt Collection Practices Act ("FDCPA") because the claims were facially barred by the FDCPA's one-year statute of limitations and the plaintiff did not adequately plead fraudulent concealment for purposes ...
Judge(s): 
Batchelder, Stranch, and Hood
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Bank of America, N.A. v. Iest (In re Iest)

Citation: 
No. 14-12406; D.C. Docket No. 2:14-cv-00099-RWS; Bkcy. No. 13-bkc-23099-REB
Ruling: 
In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien in the ...
Judge(s): 
Wilson, Rosenbaum, and Cox
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Matteson v. Bank Of America (In re Matteson)

Citation: 
15 FED App. 0006P (6th Cir. August 10, 2015)
Ruling: 
The Bankruptcy Court erred in reducing mortgage balances by the amount the secured lender would have received under Chapter 13 plan had creditor filed proofs of claim. The Secured creditor's liens passed through bankruptcy and completion of the Debtors' plan ...
Judge(s): 
Delk, Opperman and Preston
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Belser v. Nationstar Mortgage, LLC (In re Belser)

Citation: 
Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
Ruling: 
The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim before objecting to his plan. According to the ...
Judge(s): 
Hillman, Feeney, Finkle
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Brumfiel v. U.S. Bank, et al.

Citation: 
Case No. 14-1421, United States Court of Appeals for the 10th Circuit
Ruling: 
Dismissal affirmed. Applying de novo review, the 10th Circuit concluded that Debtor's claims for injunctive relief were moot because Bank was no longer pursuing its non-judicial Rule 120 procedure, and Debtor's claims for money damages were property of her bankruptcy ...
Judge(s): 
Matheson, Bacharach, and Moritz, Circuit Judges.
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Barney v. Bank of America (In re Gifford)

Citation: 
Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)
Ruling: 
Constructive notice of the existence of a lien precludes a trustee’s avoidance of a perfected lien using section 544(a)’s strong arm powers and a debtor who grants a mortgage on her property does not retain an interest in property in ...
Judge(s): 
Cornish, Karlin, Jacobvitz (Karlin)
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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
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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
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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.
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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
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