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Topic: Real Estate

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 (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]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In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary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.
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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Derbabian v. Bank of America, N.A., Case No. 14-1253 (6th Cir. Oct. 17, 2014) (unpublished).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In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer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:
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Highway 82/Fannin Joint Venture v. Capital One Bank (In the Matter of: Highway 82)

Citation: 
Highway 82/Fannin Joint Venture v. Capital One Bank (In re: Highway 82/Fannin Joint Venture), No. 13-41146 (5th Cir. Sept. 9, 2014) (per curiam).
Ruling: 
Affirmed dismissal of Debtor/Plaintiff's adversary proceeding for failure to state a claim based on the theory of quasi-estoppel, which Debtor/Plaintiff alleged entitled it to a release of Capital One's lien on real property.
Judge(s): 
Stewart, Owen, Morgan
Read on...

Connolly v. Deutsche Bank National Trust

Citation: 
File Name: 14a0709n.06; Docket No. 13-2522
Ruling: 
In an unpublished opinion, the Sixth Circuit Court of Appeals affirmed the summary judgment dismissal of the plaintiff's complaint alleging wrongful foreclosure and slander of title. The Court of Appeals determined that plaintiff's suit did not extend the redemption ...
Judge(s): 
Gibbons, McKeague and Stafford; opinion by McKeague
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Agri Star Meat & Poultry, LLC v. Nevel Properties Corp.

Citation: 
Agri Star Meat & Poultry, LLC v. Nevel Properties Corp., 8th Cir. Court of Appeals, No. 13-1161, August 28, 2014
Ruling: 
The 8th Circuit Court of Appeals upheld the ruling by the 8th Circuit district court and the bankruptcy court which concluded that SHF did not have any rights to a well located on land owned by Nevel. The bankruptcy ...
Judge(s): 
RILEY, Chief Judge, MELLOY and BENTON, Circuit Judges.
Read on...

Negrete v. Citizens State Bank (In re Negrete)

Citation: 
Negrete v. Citizens State Bank (In re Negrete), 9th Cir. Bankruptcy Appellate Panel (BAP), CC-13-1557-PaKiTa (August 7, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the Bankruptcy Appellate Panel affirmed the bankruptcy court’s order denying Debtor's motion for reconsideration of an order denying his motion for contempt.
Judge(s): 
PAPPAS, KIRSCHER AND TAYLOR, Bankruptcy Judges.
Read on...

Kosttlan v. Schoenmann (In re Kostlan)

Citation: 
Kapnick v. Schoenmann (in re Kostlan), AP No. 13-1506 (9th Cir. BAP, Aug, 4, 2014) (unpublished).
Ruling: 
The order of the bankruptcy court is VACATED, and the matter is REMANDED for the bankruptcy court to make a co-liability determination as a required element under 11 USC 502 (e) (1) (B).
Judge(s): 
Dunn, Jury, and Kurtz.
Read on...
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