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Topic: Real Estate

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v. Citizens State Bank (In re Negrete), 9th Cir. Bankruptcy Appellate Panel (BAP), CC-13-1557-PaKiTa (August 7, 2014) [Not for Publication]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In an unpublished opinion, the Bankruptcy Appellate Panel affirmed the bankruptcy court’s order denying Debtor's motion for reconsideration of an order denying his motion for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Kapnick v. Schoenmann (in re Kostlan), AP No. 13-1506 (9th Cir. BAP, Aug, 4, 2014) (unpublished).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...

Vidov v. Marshak (In re Vidov)

Citation: 
Vidov v. Marshak (In re Vidov), 9th Cir. B.A.P., CC-13-1421-KuB1Pa, CC-13-1466-KuB1Pa, (2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the bankruptcy appellate panel affirmed the bankruptcy court’s summary judgment ruling. The bankruptcy court ruled that most of the alleged misrepresentations, concealment and other misconduct Appellant complains of concern claims that Appellant as a matter ...
Judge(s): 
KURTZ, BLUMENSTIEL and PAPPAS, Bankruptcy Judges
Read on...

Keys v. 701 Mariposa Project, LLC

Citation: 
BAP No. CC-13-1329-KuBlPa; In re 701 Mariposa Project, LLC, -- B.R. -- (9th BAP 2014)
Ruling: 
The 9th Circuit BAP reversed and remanded the bankruptcy court's decisions wherein the BAP held that even though the Debtor's service of process was defective it did not violation the creditor's due process rights; however, the bankruptcy court's rule was ...
Judge(s): 
Hon. Kurtz; Hon. Blumenstiel (sitting by designation); and Hon. Pappas.
Read on...

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
Read on...

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
Read on...

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.
Read on...
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