Topic: Real Estate

Goddard v. Heldt (In re Heldt)

Summarized by Brendan Gage, U.S. Bankruptcy Court, Eastern & Western Districts of Arkansas 11 hours 48 min ago
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Citation: 
No. 12-6027 (10th Cir. May 14, 2013)
Ruling: 
Affirming the judgment of the bankruptcy court (“BC”), the Tenth Circuit held that a trustee was disqualified from exercising the powers of a hypothetical bona fide purchaser (“BFP”) under § 544(a)(3) to avoid a resulting trust in favor of the ...
Judge(s): 
Lucero, Anderson, and Baldock, Circuit Judges.
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In re Rodriguez

Summarized by Thomas Horan, Womble Carlyle Sandridge & Rice, LLP 3 weeks 2 days ago
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Citation: 
In re Rodriguez, No. 12-2146 (3d Cir. April 22, 2013) (not precedential)
Ruling: 
Because a chapter 13 plan confirmation order may be revoked only if such order was procured by fraud, the absence of such fraud prevents the court from reconsidering the plan confirmation order under Rule 60(b) of the Federal Rules of ...
Judge(s): 
Jordan, Aldisert, and Nygaard, Circuit Judges.
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Conlin v. Mortgage Electronic Registration Systems, Inc.

Summarized by Dean Langdon, DelCotto Law Group PLLC 5 weeks 1 day ago
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Citation: 
File Name: 13a0102p.06; Docket No. 12-2021
Ruling: 
The Court of Appeals affirmed the district court's dismissal of plaintiff's complaint seeking to set aside a Michigan foreclosure on the grounds of an alleged defective mortgage assignment from MERS to U.S. Bank. Applying Michigan law, the Court of ...
Judge(s): 
Merrit, Martin and Clay; opinion by Clay
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In re Creekside Senior Apartments, L.P.

Summarized by Brian Meldrum, Stites & Harbison PLLC 7 weeks 4 days ago
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Citation: 
No. 13b0001p.06, 2013 FED App.0001P (B.A.P. 6th Cir. Mar 15 2013)
Ruling: 
Bankruptcy Court did not abuse its discretion in dismissing Chapter 11 cases for "cause" pursuant to Section 1112(b) where it projected negative net cash flow through 2020, ceased making adequate protection payments, and where it was unable to confirm plan ...
Judge(s): 
Harris, Humphrey, Preston
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Gordon v. Pappalardo (In re Gordon)

Summarized by Jennifer L. Saffer, J.L. Saffer, P.C. 8 weeks 4 days ago
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Citation: 
Gordon v. Pappalardo (In re Gordon), BAP No. 12-060 (BAP 1st Cir. March 13, 2013) (for publication
Ruling: 
In this appeal by a debtor in her chapter 13 case, the Bankruptcy Appellate Panel for the First Circuit (the "BAP") affirmed, after de novo review, the bankruptcy court’s order sustaining the chapter 13 trustee’s objection to the debtor's claimed ...
Judge(s): 
Haines, Tester, and Godoy,
United States Bankruptcy Appellate Panel Judges
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Wells Fargo Bank National Association v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.)

Summarized by Eric Lockridge, Kean Miller LLP 9 weeks 6 days ago
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Citation: 
Wells Fargo Bank, NA v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.), Case No. 11-11109 (5th Cir. Mar. 1, 2013)
Ruling: 
Affirmed confirmation of Chapter 11 cramdown plan and the Debtors' Till-based prime-plus formula for cramdown interest rate over secured lender's objection that a market-based adjustment to prime should be used. The Court also rejected the Debtors' equitable-mootness argument and ...
Judge(s): 
Higginbotham, Elrod, Haynes
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Paul v. Allred (In re Paul)

Summarized by Michael Tamburini, Polsinelli Shughart, PC 10 weeks 6 days ago
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Citation: 
No. 12-6068 (BAP 8th Cir., February 28, 2012)
Ruling: 
The BAP affirmed the order of the bankruptcy court concluding that the debtor had abandoned the subject property as his homestead and, therefore, was not permitted to claim a homstead exemption in it.
Judge(s): 
Federman, Kressel, and Schermer
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Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.)

Summarized by Michael Cooley, Akin Gump Strauss Hauer & Feld LLP 11 weeks 2 days ago
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Citation: 
No. 12-10271 (5th Cir. February 26, 2013).
Ruling: 
Joining with the Ninth Circuit’s conclusion in Matter of L&J Anaheim Associates, 995 F.2d 940 (9th Cir. 1993), the Fifth Circuit held that the Bankruptcy Code does not distinguish between discretionary (i.e., “artificial”) and economically driven impairment, and therefore a ...
Judge(s): 
Higginbotham, Clement, and Haynes.
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Culhane v. Aurora Loan Services of Nebraska

Summarized by Andrea Momnie, Hendel & Collins, P.C. 12 weeks 2 days ago
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Citation: 
Culhane v. Aurora Loan Services of Nebraska, Case No. 12-1285 (February 15, 2013 1st Cir.)
Ruling: 
In the circumstances of this case, a mortgagor in Massachusetts has standing to contest the validity of the mortgage assignment made from MERS to the foreclosing entity. However, the Court held that the Note and Mortgage were properly assigned here ...
Judge(s): 
Lynch, Chief Judge
Souter*, Associate Justice
Selya, Circuit Judge *Hon. David H. Souter, Associate Justice (Ret.) of the Supreme Court of the United States, sitting by designation.
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Sherzer v. Homestar Mortgage Services

Summarized by Manuel Arreaza, U.S. Bankruptcy Court, District of Delaware 13 weeks 3 days ago
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Citation: 
Sherzer v. Homestar Mortgage Services, No. 11-4254 (3d Cir. Feb. 5, 2013)
Ruling: 
In precedential decision, the Third Circuit held that an obligor may exercise her right to rescind a loan subject to TILA by notifying the creditor in writing within the three-year statutory period, reasoning that the plain language of TILA § ...
Judge(s): 
Sloviter, Rendell and Hardiman, Circuit Judges
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