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Topic: Mortgage

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 CC-14-1017-PaTaKu; CC-14-1073-PaTaKu (unpublished)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In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks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.
Read on...

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.
Read on...

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Jalonowski v. Jean (In re Jean), 9th Cir. B.A.P., BAP No. NC-14-1198-KuPaJu (November 21, 2014) [Unpublished]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In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s orders confirming the debtors chapter 13 plan and denying the appellants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
Read on...

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
Read on...

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
Read on...

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
Read on...

Mullin v. Wells Fargo Bank (In re Mullin)

Citation: 
Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed against appellees, Wells Fargo Bank, N.A. (WFB). The court found that since all ...
Judge(s): 
JURY, KURTZ, and PAPPAS, Bankruptcy Judges
Read on...

Choudhuri v. Deutsche Bank (In re Choudhuri)

Citation: 
BAP No. NC-14-1140-PaJuKu (9th Cir. November 12, 2014)
Ruling: 
The unpublished decisions of the Ninth Circuit Bankruptcy Appellate Panel the appeal of the bankruptcy court's order sustaining Deutsche Bank's objection to the Chapter 13 plan and denying confirmation of the Chapter 13 plan was dismissed as a moot issue ...
Judge(s): 
PAPPAS, JURY and KURTZ, Bankruptcy Judges
Read on...

Derbabian v. Bank of America, N.A.

Citation: 
Derbabian v. Bank of America, N.A., Case No. 14-1253 (6th Cir. Oct. 17, 2014) (unpublished).
Ruling: 
The Sixth Circuit affirmed the District's Court's dismissal of plaintiffs' eight-count complaint relating to the foreclosure-by-advertisement of their home. Specifically, plaintiffs (i) failed to plead fraud with specificity, (ii) failed to state a claim for breach of contract because agreements relating ...
Judge(s): 
Cole, Keith, and Batchelder.
Read on...

Haddad v. Randall S. Miller Associates, PC

Citation: 
14a0791n.06; Case No. 13-2492; Not recommended for full-text publication
Ruling: 
Sixth Circuit affirmed District Court's grant of a Fed. R. Civ. P. 12(b)(6) motion by mortgagee's counsel to dismiss an action filed by mortgagors against mortgagee's counsel under the Fair Debt Collection Practices Act (FDCPA). Mortgagors alleged mortgagee's counsel ...
Judge(s): 
Siler, Batchelder and Donald, Circuit Judges
Read on...
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