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Topic: Real Estate

Riverbend Condominium Assoc. v. Green (In the Matter of Green)

Citation: 
Riverbend Condominium Assoc. v. Green (In re Green), No. 14-31117 (5th Cir. July 13, 2015)
Ruling: 
Affirmed Bankruptcy and District Court determinations that the privilege created by Louisiana law for all unpaid sums assessed by a condominium association against the condominium owner is a statutory lien (as distinguished from a security interest) and is therefore ...
Judge(s): 
KING, SMITH, and ELROD, PER CURIAM
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Dags II, LLC v. Huntington National Bank and Fourteen Corp.

Citation: 
15a049n.06
Ruling: 
District Court's summary judgment in favor of Huntington National Bank ("HNB") and its wholly owned subsidiary Fourteen Corp. ("14") was reversed and remanded on the grounds that there were questions of fact regarding the piercing the corporate veil theory of ...
Judge(s): 
Cole, Chief Judge, Moore and Clay, Circuit Judges
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Lariat Co. Inc. v. Wigley (In re Wigley)

Citation: 
Lariat Companies, Inc. v. Wigley (In re Wigley), No. 14-6043 (BAP 8th Cir. June 19, 2015)
Ruling: 
The BAP for the 8th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (D. Minn.-Minneapolis) after bankruptcy court sustained debtor's objection and capped creditor's lease rejection claim, Creditor appealed, arguing that bankruptcy court's capped amount ...
Judge(s): 
Federman, Nail, Shodeen
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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
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Christie v. The Bank of New York Mellon

Citation: 
Ninth Circuit Court of Appeals, No. 14-55012 (June 11, 2015)
Ruling: 
Plaintiff did not have standing to challenge assignees' enforcement of a promissory note and deed of trust because of alleged irregularities in connection with the assignment of the promissory note and deed of trust to assignees.
Judge(s): 
Lipez, Wardlaw and Murguia
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Rogers v. Bank of America

Citation: 
Rogers v. Bank of America, N.A., et al., No. 14-2841 (8th Cir. June 1, 2015)
Ruling: 
The 8th Circuit affirmed the ruling of the district court (D. Minn.) granting defendants' motion to dismiss. The 8th Circuit agreed that plaintiff lacked standing to seek declaratory judgment that home foreclosure was invalid where claim was based on lenders' ...
Judge(s): 
Wollman, Beam, Colloton
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Carlson v. U.S. Bank (In re Carlson)

Citation: 
Carlson v. U.S. Bank (In re Carlson) 8th Circuit Court of Appeals, No. 14-3563, April 27, 2015 [Unpublished]
Ruling: 
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals rejected Carlson’s legal arguments and affirmed the decision of the bankruptcy court, when the bankruptcy court denied his motions for relief and dismissed his chapter 13 case.
Judge(s): 
LOKEN, BOWMAN, and KELLY, Circuit Judges.
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Dalzell v. RP Steamboat Springs, LLC

Citation: 
Dalzell, et al. v. RP Steamboat Springs, LLC, et al., No. 13-1440 (10th Cir. Mar. 24, 2015)
Ruling: 
The 10th Circuit, voting 2-1 (J. Lucero dissenting), affirmed the judgment of the U.S. District Court (D. Colo.) finding that developer of master-planned subdivision was not liable under the Interstate Land Sales Full Disclosure Act because the master developer neither ...
Judge(s): 
Lucero, Murphy, and McHugh
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Lei v. Yan (In re Yan)

Citation: 
Lei v. Yan (In re Yan), 9th Cir. B.A.P (NC-14-1266-JuTaPa), February 26, 2015 [Not for Publication]
Ruling: 
In an unpublished opinion the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court’s denial of creditor motion seeking damages for violations of the automatic stay under § 362(k)(1). The court held that the creditor did not ...
Judge(s): 
JURY, TAYLOR, and PAPPAS, Bankruptcy Judges.
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Eickerman v. La Jolla Group, II

Citation: 
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling: 
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses incurred when Eickerman (Appellant) defaulted during the execution of ...
Judge(s): 
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
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