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Topic: Mortgage

Connolly v. Deutsche Bank National Trust

Citation: 
File Name: 14a0709n.06; Docket No. 13-2522
Ruling: 
In an unpublished opinion, the Sixth Circuit Court of Appeals affirmed the summary judgment dismissal of the plaintiff's complaint alleging wrongful foreclosure and slander of title. The Court of Appeals determined that plaintiff's suit did not extend the redemption ...
Judge(s): 
Gibbons, McKeague and Stafford; opinion by McKeague
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Lopez v. Bank of America (In re Lopez)

Citation: 
Lopez v. Bank of America (In re Lopez), Case No. 14-10518 (11th Cir. Sept.3, 2014)(unpublished)(per curiam)
Ruling: 
The debtor may "strip off" or void a junior lien, where the amount of debt securing the senior lien exceeds the value of the house.
Judge(s): 
Wilson, Rosenbaum, Fay
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America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)

Citation: 
America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) Case No. 12-60052 (9th Cir. CA August 29, 2014)
Ruling: 
Judge Huck delivered the Opinion of the majority. Legal fees incurred defending an appeal by a creditor previously determined to have violated the automatic stay are included in § 362(k)(1)'s definition of actual damages.
Judge(s): 
J. Clifford Wallace and Ronald M. Gould, Circuit Judges, and Paul C. Huck, Senior District Judge (for the U.S. District Court for the Southern District of Florida, sitting by designation)
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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 v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).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.
Read on...

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.
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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.
Read on...
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