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Topic: Real Estate

Wicklund v. Robert D. Johnson Trust (In re Wicklund)

Citation: 
BAP No. WW-14-1424-KiFJu (BAP 9th Cir. March 15, 2016) (Unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the bankruptcy court’s (W.D. Wa.) orders denying Jeffrey’s claim of homestead exemption and denying chapter 13 debtor's motion to alter or amend the order denying debtor's homestead exemption. The bankruptcy court’s conclusion was ...
Judge(s): 
Kirscher, Faris, and Jury
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Arnot v. Endersen, et al. (In re Endersen)

Citation: 
In re Endresen, No. OR-15-1141-KiFJu (9th Cir. B.A.P. Apr. 8, 2016).
Ruling: 
Assignment to a trust-deed beneficiary of proceeds of damage to the property gave the beneficiary a lien on funds paid in settlement of construction-defect litigation, notwithstanding 552. Published.
Judge(s): 
Ralph B. Kirscher, Robert J. Faris, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
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Siragusa, et al. v. Collazo (In re Collazo)

Citation: 
14 C 5008
Ruling: 
The 7th Circuit examined the factual underpinning of the case, including the fact that the Plaintiffs had been satisfied with Collazo's evasive responses to inquiries about their investments, had taken his small partial payments, and had invested further with him ...
Judge(s): 
POSNER, EASTERBROOK and KANNE
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Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.)

Citation: 
Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.), Case no. 15-1807 (4th Cir. Apr. 6, 2016) (unpublished) (per curiam)
Ruling: 
The decision of the bankruptcy court awarding sanctions against the corporate debtor and its sole shareholder on the grounds that the chapter 11 petition had been filed for the improper purpose of collaterally attacking a state court's pre-petition ruling on ...
Judge(s): 
Before Wilkinson and Floyd, Circuit Judges, and Davis, Senior Circuit Judge.
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Ozenne v. Chase Manhattan Bank, et al. (In re Ozenne)

Citation: 
No. 11-60039 (9th Cir. March 25, 2016) (Published)
Ruling: 
The 9th Circuit vacated the BAP's denial of a petition for a writ of mandamus, holding the BAP did not have jurisdiction to consider the writ petition, reversing In re Salter, 279 B.R. 278 (B.A.P. 9th Cir. 2002). The 9th Circuit ...
Judge(s): 
Wallace, Leavy, Bybee
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Wilson v. Desert Realty, Inc. (In re Lindsey)

Citation: 
BAP Nos. NV-14-1583-KiDJu & NV-15-1071-KiDJu (BAP 9th Cir. Mar. 21, 2016)
Ruling: 
BAP for 9th Circuit reversed and remanded two orders of the bankruptcy court (D. Nev.) (a) dismissing debtor's complaint against a landlord for alleged violation of the codebtor stay under s 1301 and (b) awarding landlord its attorney's fees and ...
Judge(s): 
Kirscher, Dunn, Jury
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Providence Hall Associates Ltd Partnership v. Wells Fargo Bank, N.A.

Citation: 
Slip Op. Mar. 11, 2016 (Case No. 15-2378 4th Cir. 2016)
Ruling: 
After the district court dismissed a lender-liability action by a former Borrower against the Bank, the Court of Appeals affirmed the dismissal based on res judicata because during the time that the Debtor was in a later-dismissed chapter 11, the ...
Judge(s): 
Diaz, Wilkinson and Niemeyer
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Bank of America, N.A. v Horizon Ridge Medical & Corporate Center, LLC (In re Horizon Ridge Medical & Corporate Center, LLC)

Citation: 
BAP No. NV-14-1532-DJuKi (BAP 9th Cir. Feb. 23, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of bankruptcy court (D. Nev.), allowing fees for debtor's second bankruptcy counsel in the amount of $513k, notwithstanding confirmation of the lead creditor's competing plan of reorganization. The BAP agreed with ...
Judge(s): 
Dunn, Jury, Kirscher
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3.78 Irish Acres, LLC v. Ireland Empire Servicing Co., et al. (In re 3.78 Irish Acres, LLC)

Citation: 
BAP No. NV-15-1096-JuKiD (BAP 9th Cir. Feb. 25, 2016) (unpublished)
Ruling: 
In an unpublished ruling, the BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing an LLC's second chapter 7 filing based on claim and issue preclusion following the dismissal of the first case, also ...
Judge(s): 
Jury, Kirscher, Dunn
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The Zuercher Trust of 1999 v. Schoenmann (The Zuercher Trust of 1999)

Citation: 
9th Circuit BAP Case Nos. NC-14-1440-KuWJu and NC-14-1515-KuWJu (Not for Publication)
Ruling: 
The 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the sale of real property. In regards to the issue of The Zuercher Trust of 1999 ("Trust") and its owner Monica Hujazi ("Hujazi") standing to appeal, ...
Judge(s): 
Bankruptcy Judges KURTZ, WANSLEE, and JURY
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