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Thomas v. Federal National Mortgage Association (In re Thomas)

  • Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
  • 13 years 10 months ago
Citation:
Case No. 11-037, Bankruptcy Appellate Panel of the Tenth Circuit (the “BAP”)
Ruling:
Federal National Mortgage Association (“FNMA”) lacked standing to seek a “comfort order” that the automatic stay had been terminated pursuant to 11 U.S.C. 362(c)(3)(A). Citing In re...
Judge(s):
Thurman, Nugent and Romero
Tag(s):

Bushnell v. Bank of the West (In re Bushnell)

Citation:
Bushnell v. Bank of the West (In re Bushnell), Case No. 11-6083 (8th Cir. BAP May 8, 2012)
Ruling:
An owner of property in which the debtor has no legal or equitable interest is a party in interest in the debtor's bankruptcy case that may be entitled to seek and receive relief from the automatic...
Judge(s):
Kressel, Chief Judge, Schermer (wrote the opinion), and Federman, Bankruptcy Judges.
Tag(s):

In re: Vistacare Group, LLC, et al.

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 13 years 10 months ago
Citation:
In re Vistacare Group, LLC, et. al., No. 11-2695 (May 4, 2012 3d Cir.) (Precedential)
Ruling:
The Third Circuit Court of Appeals held that the Barton doctrine, which requires a party seeking to sue a court-appointed receiver, to first obtain leave of the appointing court, applies to...
Judge(s):
McKee, Fisher, Greenaway
Tag(s):

Cook v. Wells Fargo Bank, N.A., Scott Garrett and Pamela Garrett (In re Cook)

Citation:
Cook v. Wells Fargo Bank, N.A., Case No. 04-17704 (B.A.P. 10th Cir. April 19, 2012) (unpublished)
Ruling:
The Bankruptcy Appellate Panel AFFIRMED the bankruptcy court's order stating that the debtor, Daniel William Cook, lacks standing to assert sanctions against Wells Fargo N.A. and Mr. and Mrs....
Judge(s):
Nugent, Romero and Somers, Bankruptcy Judges.
Tag(s):

Green v. DeGiacomo (In re Inofin Inc.)

  • Summarized by Bodie Colwell , Preti Flaherty LLP
  • 13 years 11 months ago
Citation:
In re Inofin Inc., No. 11-11010 (B.A.P. 1st Cir. March 6, 2012)
Ruling:
The B.A.P found that the motion for relief from stay was not a final order as when relief from stay is denied because a moving party has failed to make the necessary showing of a colorable claim in...
Judge(s):
Haines, Lamoutte, and Kornreich
Tag(s):

In re Jonathan M. Webb

  • Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
  • 13 years 11 months ago
Citation:
In re Jonathan M. Webb [No. 11-8016] (6th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel held that: (i) the doctrine of lis pendens did not preclude certain real property from becoming property of the debtor's bankruptcy estate, (ii) the...
Judge(s):
Emerson, Fulton and Preston.
Tag(s):

Evans v. The Bank of New York Trust Co., N.A. (In re Evans)

  • Summarized by Megan Adeyemo , Gordon Rees Scully Mansukhani, LLP
  • 14 years 2 weeks ago
Citation:
No. 11-1096, 2012 U.S. App. LEXIS 3710
Ruling:
The 10th Circuit held that it did not have jurisdiction to review the BAP's decision granting relief from stay because the decision was not designated in Ms. Evans' notice of appeal. In addition,...
Judge(s):
Circuit Judge Kelly, Senior Circuit Judge Porfilio and Circuit Judge Matheson
Tag(s):

Miller v. Deutsche Bank National Trust Co. (In re Miller)

  • Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
  • 14 years 1 month ago
Citation:
No. 11-1232 (10th Cir. February 1, 2012)
Ruling:
The Tenth Circuit held that Deutsche Bank failed to establish that it was a "party in interest" for purposes of obtaining relief from the automatic stay. The Bank did not prove that it had actual...
Judge(s):
Kelly, Porfilio, and Matheson
Tag(s):

Meruelo Maddux Properties-760 S. Hill Street LLC v. Bank of America, N.A. (In re Meruelo Maddux Properties, Inc.)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 14 years 1 month ago
Citation:
--F.3d-- (9th Cir. 2012); case no. 10-56128
Ruling:
The Ninth Circuit Court of Appeals affirmed the holding of the U.S. District Court and reversed the Bankruptcy Court, finding that there is no "whole enterprise exception" to the application of the...
Judge(s):
The Honorable Dorothy W. Nelson, the Honorable Ronald M. Gould, and the Honorable Sandra S. Ikuta, Circuit Judges.
Tag(s):

In re River East Plaza, LLC

Citation:
Case No. 11-3263 (7th Cir. Jan 19, 2012)
Ruling:
A secured creditor can object to a plan to protect its lien from unfavorable treatment, but a plan can be crammed down over objection provided one of three subsections of Bankruptcy Code §...
Judge(s):
Posner, Flaum, Sykes
Tag(s):

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