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Topic: Mortgage

Barney v. Bank of America (In re Gifford)

Citation: 
Barney v. Bank of America (In re Gifford), Case No. 15-8097 (10th Cir. June 3, 2016) (unpublished)
Ruling: 
The transfer of an interest in a mortgage is merely an assignment from one creditor to another—not a transfer of the debtor’s property or an obligation incurred by the debtor.
Judge(s): 
Birscoe, Lucero, Phillips
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Anderson, et al. v. Logan

Citation: 
No. 15-1505, (4th Cir. Apr. 27, 2015)
Ruling: 
Chapter 13 plan that provided for payment of pre-petition arrears and post-petition payments for primary residence at non-default interest rate violated the non-modification provision of section 1322(b)(5). Default interest rate applied for all payments accrued and accruing after pre-petition ...
Judge(s): 
Before WILKINSON and NIEMEYER, Circuit Judges, and David C. NORTON, United States District Judge for the District of South Carolina, sitting by designation. Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Judge Norton joined.
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Chagolla, et al. v. JP Morgan Chase Bank, N.A. (In re Chagolla)

Citation: 
no official cite as of yet
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit reversed the bankruptcy court's denial of the Debtors' unopposed valuation motion that was filed postdischarge after the Debtors completed their plan payments. The BAP held that the motion was timely and ...
Judge(s): 
BAP Judges JURY and KURTZ and Bankruptcy Judge WASLEE (sitting by designation)
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Liebzeit v. Intercity State Bank, et al. (In re Blanchard)

Citation: 
Liebzeit v. Intercity State Bank, et al. (In re Blanchard), Case No. 15-1970 (7th Cir. App. Apr. 14, 2016)
Ruling: 
1. Under Wisconsin law, a mortgage can properly attach a lien to a vendor's interest in a land contract. 2. The lender perfected it's lien on the vendor's interest by recording a mortgage in the land records, rather than ...
Judge(s): 
Hamilton, Posner, Ripple
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Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.)

Citation: 
Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.), Case no. 15-1807 (4th Cir. Apr. 6, 2016) (unpublished) (per curiam)
Ruling: 
The decision of the bankruptcy court awarding sanctions against the corporate debtor and its sole shareholder on the grounds that the chapter 11 petition had been filed for the improper purpose of collaterally attacking a state court's pre-petition ruling on ...
Judge(s): 
Before Wilkinson and Floyd, Circuit Judges, and Davis, Senior Circuit Judge.
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Jepson v. Bank of New York Mellon (In re Jepson)

Citation: 
Jepson v. Bank of New York Mellon (In re Jepson), Case No. 14-2459 (7th Cir. Mar. 22, 2016)
Ruling: 
The Court of Appeals ruled that, under New York law, a debtor-homeowner, does not have standing to challenge the assignment of a note / mortgage based upon the lender's alleged failure to comply with the terms of a pooling and ...
Judge(s): 
Posner, Ripple, and Hamilton
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Arciniega v. Clark (In re Arciniega)

Citation: 
BAP No. CC-15-1123-KiGD (BAP 9th Cir. Feb. 03, 2016)
Ruling: 
In an unpublished decision, the BAP for the 9th Circuit affirmed in part, reversed in part, and vacated and remanded in part, the judgment of the bankruptcy court (C.D. Cal.) (a) excepting a debt from discharge under 523(a)(2) and (a)(6), ...
Judge(s): 
Kirscher, Gan (sitting by designation), and Dunn
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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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