Topic: Real Estate

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
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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.
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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.
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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)
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Sachan v. Huh (In re Huh)

Citation: 
In Re Huh, 9th Cir B.A.P., CC-12-1633-En Banc (March 11, 2014) [Published]
Ruling: 
In a published opinion, the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court finding that that imputed liability of a principal for the active fraud of an agent would not support an exception to discharge for ...
Judge(s): 
En Banc: Dunn, Pappas, Kirsher, Taylor & Kurtz. Opinion written by Judge Dunn
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Miyasaki v. Lui (In re Lui)

Citation: 
No. NC–13–1037–JuKiD (B.A.P. 9th Cir. Mar. 7, 2014)
Ruling: 
Affirming the bankruptcy court, the bankruptcy appellate panel held that a creditor’s late-filed nondischargeability complaint did not relate back to its objection to the confirmation of the debtor’s Chapter 13 plan because the objection did not substantially comply with the ...
Judge(s): 
Jury, Kirscher, and Dunn, Bankruptcy Judges.
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Hope 7 Monroe Street LP v. Riaso, LLC (In the Matter of Hope 7 Monroe Street LP)

Citation: 
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling: 
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the bankruptcy court to deny, appellants, Hope 7's motion ...
Judge(s): 
Ginsburg, Henderson and Brown
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TD Bank, N.A. v. LaPointe

Citation: 
TD Bank, N.A. v. LaPointe; BAP No. NH 13-029
Ruling: 
Bankruptcy court's order denying relief from the automatic stay reversed.
Judge(s): 
BK judges FInkle, Feeney (author) and Tester.
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Paulson v. Go Global, Inc. (In re Go Global, Inc., et al.)

Citation: 
Paulson v. Go Global, Inc. (In re Go Global, Inc.), 2014 Bankr. LEXIS 121 (B.A.P. 9th Cir. Jan. 13, 2014)
Ruling: 
In an opinion marked "not suitable for publication," the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals ("BAP 9th Cir.") affirmed the decision of the United States Bankruptcy Court for the District of Nevada ("Bankruptcy Court"), in which ...
Judge(s): 
Judges Jury, Kirscher and Kurtz
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Arvest Bank v. Cook (In re Cook)

Citation: 
No. 13-6014 (B.A.P. 8th Cir. Jan. 9, 2014)
Ruling: 
Reversing the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (“BAP”) held that a deed of trust was not void for lack of consideration and that a cross-collateralization clause in the deed secured previously ...
Judge(s): 
Saladino, Nail and Shodeen, Bankruptcy Judges.
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