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Topic: Real Estate

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BAP No. EC-15-1291-DTaJu (BAP 9th Cir. Jun. 28, 2016) (unpublished)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BAP No. NV-14-1589-DFB (BAP 10th Cir. May 31, 2016) (unpublished)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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Emmert, et al. v. Taggart (In re Taggart)

Citation: 
BAP No. OR-15-1119-JuKiF & BAP No. OR-15-1158-JuKiF (BAP 9th Cir. Apr. 12, 2016)
Ruling: 
The BAP for the 9th Circuit reversed the ruling of the bankruptcy court (D. Or.) finding appellants in contempt for violating debtor's discharge injunction, finding the bankruptcy court erred by applying an incorrect legal standard. The BAP ruled that bankruptcy ...
Judge(s): 
Jury, Kirscher, Faris
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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BAP No. WW-14-1424-KiFJu (BAP 9th Cir. March 15, 2016) (Unpublished)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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