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Topic: Real Estate

Kismet Acquisition LLC v. Diaz-Barba (In re Icenhower)

Citation: 
Kismet Acquisition, LLC v. Icenhower (In re Icenhower), No. 10-55933 (9th Cir. July 3, 2014).
Ruling: 
The bankruptcy court properly avoided the debtors’ prepetition and postpetition transfers of an interest in Mexican real property.
Judge(s): 
Jerome Ferris (author), N. Randy Smith, and Paul J. Watford, Circuit Judges
Read on...

Gabino v. Koonce

Citation: 
Case No. 13-2756 (July 2, 2014)
Ruling: 
Successful slander of title suit under Illinois state law satisfied the nondischargeability requirements of 523(a)(2) and 523(a)(6), such that Debtor was collaterally estopped from asserting as a defense that the requisite intent was absent. Federal courts apply the preclusion ...
Judge(s): 
Wood, Williams, and Hamilton
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Bank of America v. Caulkett

Citation: 
D.C. Docket No. 6:14-cv-00078-GAP; 6:13-bk-05337-KSJ
Ruling: 
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
Judge(s): 
Marcus, Pryor, Edmondson, Circuit Judges
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Gonzales v. Shotgun Creek Las Vegas

Citation: 
Gonzales v. Shotgun Creek Las Vegas, et al., Nos.: 12-16302 & 13-16015 (9th Cir. Jun. 4, 2014)
Ruling: 
The Ninth Circuit affirmed the decision of Judge Robert C. Jones from the District Court for the District of Nevada that: (1) the parties to a settlement agreement did not intend for a parcel transfer fee to constitute a lien ...
Judge(s): 
Judge Mary M. Schroeder, U.S. Court of Appeals for the Ninth Circuit;
Judge Consuleo Maria Callahan, U.S. Court of Appeals for the Ninth Circuit;
Robert W. Pratt, U.S. District Court for the Southern District of Iowa, sitting by designation.
Read on...

Knaub v. Rollison (In re Rollison)

Citation: 
Knaub v. Rollison, No. 13-1503 (10th Cir. May 9, 2014)
Ruling: 
Tenth Circuit ruled that it lacked jurisdiction to review appeal of BAP's reversal and remand order. Tenth Circuit ruled that because BAP remanded to bankruptcy court to take evidence and rule on unconsidered damages issue, reversal and remand order was ...
Judge(s): 
Holmes, Anderson, and Baldock
Read on...

Ocwen Loan Servicing LLC v. Summit Bank (In re Francis)

Citation: 
No. 13-1615 (8th Cir. April 25, 2014)
Ruling: 
The Tenth Circuit affirmed the district court’s ruling that the doctrine of equitable subrogation would not operate to grant Ocwen a first-priority lien on certain real property owned by the debtor.
Judge(s): 
Wollman, Loken, and Kelly.
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Borges v. AG New Mexico (In re Borges)

Citation: 
Borges v. AG New Mexico (In re Borges), BAP No. NM-13005 (BAP 10th Cir. 2014)
Ruling: 
Creditor's lien on certain real estate could be avoided under 11 U.S.C. Section 544(a)(3) because under New Mexico law, the recording of a corrected mortgage which added property omitted from the legal description in prior mortgage but was not signed ...
Judge(s): 
Michael, Nugent, and Somers
Read on...

Kim v. Dome Entertainment Ctr, Inc.

Citation: 
F.3d citation not yet available. Case No. 10-10882 (5th Cir. Apr. 9, 2014)
Ruling: 
AFFIRMED district court’s ruling that federal law can trump Texas homestead exemptions to force the sale of the debtor’s homestead, notwithstanding the exemption rights of the non-debtor spouse. The Fifth Circuit relied on a 1983 Supreme Court case where ...
Judge(s): 
HIGGINBOTHAM, OWEN, and HAYNES. Opinion by Priscilla R. Owen, Circuit Judge.
Read on...

Gaskin v. Barstow (In re Dockweiler)

Citation: 
9th Cir. (B.A.P) Case no Ak-13-1157 - Filed March 28, 2014
Ruling: 
DISMISSAL due to lack of jurisdiction rendering the appeal as MOOT.
Judge(s): 
Jury, Kurtz, and Pappas.
Read on...

Heatherwood Holdings, LLC v. HGC, Inc. (In re Heatherwood Holdings, LLC)

Citation: 
No. 12-16020 (11th Cir. Mar. 27, 2014)
Ruling: 
First, the defendant-mortgagee was a "person aggrieved" and therefore possessed Article III standing to appeal district court's affirmance of bankruptcy court's ruling that the mortgagee's property was restricted to use as a gof course. Second, the bankruptcy court correctly held ...
Judge(s): 
Chief Judge Carnes, Circuit Judge Tjoflat and U.S. District Judge Marra (Southern District of Florida)
Read on...
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