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Topic: Real Estate

Sullivan v. Harnisch (In re Sullivan)

Citation: 
Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]
Ruling: 
In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the appellant filed the bankruptcy petition in bad faith. The appellate ...
Judge(s): 
TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.
Read on...

Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.)

Citation: 
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil Company, Inc. (DOC) and Quail Hollow Inn, LLC (QHI). The appellate ...
Judge(s): 
JURY, KIRSCHER, and DUNN, Bankruptcy Judges.
Read on...

Gray v. Warfield (In re Gray)

Citation: 
Gray v. Warfield (In re Gray), BAP No. AZ-13-1502-JuKiD (BAP 9th Cir. 2014)
Ruling: 
The 9th Cir. BAP, applying Law v. Siegel, 134 S. Ct. 1188 (2014), ruled that the bankruptcy court has no discretion to deny a debtor's claimed exemptions based on a finding that debtors amended their exemptions in bad faith, unless ...
Judge(s): 
Jury, Kirscher, Dunn
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Jalonowski v. Jean (In re Jean), 9th Cir. B.A.P., BAP No. NC-14-1198-KuPaJu (November 21, 2014) [Unpublished]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In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s orders confirming the debtors chapter 13 plan and denying the appellants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...

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...

Susquehanna Bank v. USA/IRS (In re Restivo Auto Body)

Citation: 
Susquehanna Bank v. USA/IRS, No. 13-2249 (4th Cir. October 31, 2014)
Ruling: 
The Fourth Circuit Court of Appeals parsed the langue of Section 6323(h)(1) of the Internal Revenue Code to determine the priority under Maryland law of an IRS tax lien and a bank deed of trust executed before the IRS filed ...
Judge(s): 
Before Circuit Judges NIEMEYER, WYNN, and FLOYD.
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...

Slorp v. Lerner, Sampson & Rothfus

Citation: 
File name 14a0745n.06; Docket No. 13-3402
Ruling: 
In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer protection act, an Ohio falsification law and conspiracy to ...
Judge(s): 
Moore, Gibbons and Sutton; opinion by Gibbons
Read on...

Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC

Citation: 
Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC., 5th Cir. Court of Appeals, No. 13-10969, September 16, 2014
Ruling: 
The 5th Circuit Court of Appeals affirmed the 5th Circuit District Court’s dismissal of Drillers’ constructive trust and equitable lien claims. The 5th Circuit Court of Appeals reversed and remanded the district court’s grant of summary judgment on Drillers’ ...
Judge(s): 
STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges
Opinion Authored by JENNIFER WALKER ELROD, Circuit Judge:
Read on...
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