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Topic: Real Estate

Village Green I, GP v. Federal National Mortgage Assoc. (In re Village Green I, GP)

Citation: 
File Name 16a0018p.06; Docket No. 14-6521
Ruling: 
Affirming the District Court for the Western District of Tennessee, the Sixth Circuit held that the single-asset real estate debtors' plan was not filed in good faith, and upheld dismissal of the case. The Sixth Circuit found there is ...
Judge(s): 
Guy, Moore and Kethledge; opinion by Kethledge
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Miller v. State of Utah, et al.

Citation: 
Miller v. State of Utah, et al., No. 14-4155 (10th Cir. Jan. 12, 2016)
Ruling: 
Tenth Circuit affirmed ruling of District Court (D. Utah) granting summary judgment in favor of governmental defendants based on sovereign immunity. Tenth Circuit agreed that claims for damages against the State of Utah, the Utah Division of Oil, Gas, and ...
Judge(s): 
Lucero, Gorsuch, McHugh
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Bruess v. Dietz (In re Bruess)

Citation: 
Bruess v. Dietz (In re Bruess), Case No 15-6019 (9th Cir. B.A.P. 2015)
Ruling: 
Debtor's interest in real property was not acquired until deed was recorded and did not transfer upon execution of deed. Debtor's exemption in property limited to $155,675.00 pursuant to section 522(p)(1) because interest acquired within 1215 days of filing ...
Judge(s): 
Schermer, Saladino and Nail
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Jester v. Wells Fargo Bank N.A. (In re Jester)

Citation: 
Jester, et al. v. Wells Fargo Bank N.A. (In re Jester), Case No. EO-15-002 (BAP 10th Cir. October 22, 2015). Unpublished.
Ruling: 
If a court is unable to provide debtor any relief, reopening a bankruptcy case would be futile and a court does not abuse its discretion if it refuses to reopen the case. In this case, neither the failure to ...
Judge(s): 
Thurman, Jacobvitz, Hall (Hall)
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Summers v. Financial Freedom Acquisition LLC

Citation: 
Summers v. Financial Freedom Acquisition LLC; Case No. 14-1930 (1st Cir. October 23, 2015)
Ruling: 
Plaintiff lacked standing to challenge two mortgage assignments and mortgagee's failure to file claim in decedent's probate proceeding did not bar its recovery of sums due under a reverse mortgage via foreclosure following the death of the mortgagor.
Judge(s): 
Howard, Chief Judge; Selya and Thompson, Circuit Judges.
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Cherry Valley Associates, LLC v. Fiorano Tile Imports, Inc. (In re Fiorano Tile Imports, Inc.)

Citation: 
2nd Cir. No. 14-3915 (2015)
Ruling: 
Summary Order affirming the decision of the United States District Court for the Eastern District of New York holding that the Plan was substantially consummated under 11 U.S.C. § 1101(2) of the Bankruptcy Code, so that the presumption of equitable ...
Judge(s): 
BARRINGTON D. PARKER, GERARD E. LYNCH, and SUSAN L. CARNEY
Not worthy of a summary? Why?: 
N
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Brumfiel v. Lewis (In re Brumfiel)

Citation: 
Brumfiel v. Lewis, et al. (In re Brumfiel), Case No. CO-15-014 (B.A.P. 10th Cir. October 8, 2015). Unpublished.
Ruling: 
Claims debtor fails to disclose in her bankruptcy schedules remain estate property upon closing of the case and bankruptcy court has jurisdiction to approve a settlement respecting those claims after case is re-opened.
Judge(s): 
Karlin, Cornish, Michael (Karlin)
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Lane v. Barney (In re Lane)

Citation: 
Lane v. Barney, BAP No. WY-14-061 (BAP 10th Cir. Sept. 28, 2015)
Ruling: 
BAP affirmed in part, and reversed in part, order of bankruptcy court (D. Wy.) taxing costs against chapter 7 debtor incurred by trustee in retaking possession of estate property. Notwithstanding debtor's obstreperous conduct, refusal to comply with settlement agreement, refusal ...
Judge(s): 
Cornish, Nugent, Somers
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Gladstone v. Schaefer (In re UC Lofts on 4th, LLC)

Citation: 
Gladstone, et al. v. Schaefer, et al. (In re UC Lofts on 4th, LLC, et al.), BAP No. SC-14-1287-JuKlPa & SC-14-1320-JuKlPa (BAP 9th Cir. Sept. 4, 2015)
Ruling: 
In a 49 page opinion addressing ten issues related to fraudulent transfer, preference, and equitable subordination claims in a consolidated appeal, the BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) on all issues, including ...
Judge(s): 
Jury, Klein, Pappas
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DTND Sierra Invest. L.L.C. v. CitiMortgage, Inc.

Citation: 
DTND Sierra Invest. L.L.C. v. CitiMortgage, Inc., No. 14-51141 (5th Cir. Sept. 4, 2015) (per curiam) (unpublished)
Ruling: 
Affirmed judgment dismissing lawsuit and imposing $20,000 sanction against plaintiff and its law firm for filing a frivolous lawsuit and threatening to cloud title on property being foreclosed upon by CitiMortgage.
Judge(s): 
Jones, Smith, Southwick
Not worthy of a summary? Why?: 
The opinion does not contain any reference to bankruptcy law or practice.
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