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Topic: Real Estate

Uecker v. Bennett (In re Mortgage Fund '08 LLC)

Citation: 
Uecker v. Bennett (In re Mortgage Fund '08 LLC), Case No. NC-15-1408-JuKiTa (9th Cir. BAP Aug. 15, 2016) (unpublished)
Ruling: 
Bankruptcy court's decision that settlement agreement covered liquidating trustee's fraudulent transfer claim against appellee affirmed because no genuine issue of material fact existed as to the proper construction of the terms "REL Transfer," "Paid by REL," and "Any Third Party" ...
Judge(s): 
Jury, Kirscher, Taylor
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Velasquez v. Bank of America, N.A. (In re Velasquez)

Citation: 
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling: 
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity and amount, and debtor failed to present adequate ...
Judge(s): 
Taylor, Jury, Kirscher
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Green v. Traditional Heritage Village Homeowners Association, Inc. (In the Matter of Green)

Citation: 
Green v. Traditional Heritage Village Homeowners Ass'n, Inc. (In the Matter of Green), Case No. 15-10872 (5th Cir. Aug. 16, 2016) (per curiam).
Ruling: 
Appellant's appeal of the district court's denial of his request for a stay while he appealed bankruptcy court's order to district court was dismissed as moot after the district court dismissed Appellant's appeal for failure to prosecute.
Judge(s): 
King, Clement, Owen
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Roussel v. Clear Sky Properties, LLC

Citation: 
No. 15-3048 (8th Cir. July 25, 2016)
Ruling: 
The 8th Circuit affirmed the ruling of the U.S. District Court (E.D. Ark.), which affirmed the ruling of the bankruptcy court that state court award of attorneys' fees was nondischargeable. Bankruptcy court properly applied collateral estoppel to bar relitigation of ...
Judge(s): 
Smith, Gruender, Benton
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Utzman v. Suntrust Mortgage, Inc. (In re Utzman)

Citation: 
NC-15-1331-TAJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying motion from chapter 11 debtors for reconsideration of an order granting stay relief for cause, including lack of equity and lack of adequate protection, ...
Judge(s): 
Taylor, Jury, Kirscher
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An v. Kwon (In re An)

Citation: 
In re An, No. CC-16-1001-KuFKi (9th Cir. B.A.P. July 27, 2016). Not for publication.
Ruling: 
A California state-court judgment awarding damages for wrongful possession of real property can support a 523(a)(6) judgment for willful and malicious injury.
Judge(s): 
Frank L. Kurtz, Robert J. Faris, and Ralph B. Kirscher, Bankruptcy Appellate Panel Judges.
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Civic Partners Sioux City, LLC v. Main Street Theaters, Inc., et al (In re Civic Partners Sioux City, LLC)

Citation: 
In re Civic Partners Sioux City, LLC (Case No. 15-6024)
Ruling: 
The BAP reversed the bankruptcy court's order dismissing debtor's chapter 11 bankruptcy case and remanded for further proceedings consistent with this ruling.
Judge(s): 
Kressel, Schermer, and Nail
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Gaines v. Parker (In re Shaver Lakewoods Development Inc.)

Citation: 
9th Cir. Bankrupcy Appellate Panel Case No. EC-15-1312-TaJuD (Not or Publication)
Ruling: 
The BAP agreed that the assignment in favor of the Appellant did not give rise to a mortgage against the real property at issue. The terms of the agreement between the Appellant and Debtor did not rise to level ...
Judge(s): 
Honorable TAYLOR, JURY, and DUNN, Bankruptcy Judges.
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Halloum v. McCormick, Barstow, Sheppard, Wayte & Carruth (In re Halloum)

Citation: 
BAP No. EC-15-1291-DTaJu (BAP 9th Cir. Jun. 28, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (E.D. Ca.) finding no abuse of discretion in approving a final fee application for debtor's former counsel through a "lodestar" analysis under section 330. BAP found no ...
Judge(s): 
Dunn, Taylor, Jury
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Wilson v. Desert Realty, Inc., et al. (In re Wilson)

Citation: 
BAP No. NV-14-1589-DFB (BAP 10th Cir. May 31, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing debtor's adversary proceeding alleging that defendants intentionally violated the automatic stay. BAP agreed with bankruptcy court that debtor never satisfied elements of 362(l)(1), ...
Judge(s): 
Dunn, Faris Barash
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