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LVNV Funding, LLC v. Harling, v. Simmons-Beasley

Citation:
No. 16-1346 and 16-1347 (consolidated for appeal) (4th Circuit, Mar 30,2017) Published
Case Status:
Affirmed
Ruling:
Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
Tag(s):

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

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 6 years 5 months ago
Citation:
BAP No. NC-15-1120-KiTaJu (BAP 9th Cir. Oct. 6, 2016)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying chapter 13 debtors' objection to mortgage creditor's claim. BAP agreed with bankruptcy court's...
Judge(s):
Kirscher, Taylor, Jury
Tag(s):

Harris v. Scarcelli (In re Oak Knoll Associates, L.P.)

  • Summarized by Lee Harrington , Ascendant Law Group LLC
  • 6 years 7 months ago
Citation:
Harris v. Scarcelli et al. Case No. 15-2189, United States Court of Appeals for the First Circuit (August 19, 2016)
Ruling:
The First Circuit affirmed summary judgment ruling of lower courts against a real estate broker who failed to demonstrate that he was entitled by contract or in equity under the Bankruptcy Code to...
Judge(s):
Jeffery R. Howard, Chief Judge Juan R. Torruellla, Circuit Judge David J. Barron, Circuit Judge
Tag(s):

Velasquez v. Bank of America, N.A. (In re Velasquez)

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 7 months ago
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NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)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...
Judge(s):
Taylor, Jury, Kirscher
Tag(s):

Antioch Co. Litigation Trust v. Morgan, et al.

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 7 years 4 months ago
Citation:
File Name 15a0778n.06; Docket No. 14-3790
Ruling:
The Sixth Circuit Court of Appeals affirmed in part and reserved in part pending certification of a question to the Ohio Supreme Court. The Court of Appeals affirmed dismissal of claims alleging...
Judge(s):
Guy, Moore and Kethledge, opinion by Guy
Tag(s):

Matteson v. Bank Of America (In re Matteson)

  • Summarized by Michael Coury , Glankler Brown, PLLC
  • 7 years 7 months ago
Citation:
15 FED App. 0006P (6th Cir. August 10, 2015)
Ruling:
The Bankruptcy Court erred in reducing mortgage balances by the amount the secured lender would have received under Chapter 13 plan had creditor filed proofs of claim. The Secured creditor's liens...
Judge(s):
Delk, Opperman and Preston
Tag(s):

Belser v. Nationstar Mortgage, LLC (In re Belser)

  • Summarized by Hale Lake , Hinshaw & Culbertson LLP
  • 7 years 7 months ago
Citation:
Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
Ruling:
The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim...
Judge(s):
Hillman, Feeney, Finkle
Tag(s):

Spokane Law Enforcement FCU v. Barker (In re Barker)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 9 years 2 days ago
Citation:
In Re Barker, 9th Cir. B.A.P., MT-13-1393-JuKuPa (March 28, 2014) [Unpublished]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court which held, the bankruptcy court did not have the discretion to allow a late filed...
Judge(s):
JURY, KURTZ, and PAPPAS,
Tag(s):

Brosio v. Deutsche Bank National Trust Company (In re Brosio)

Citation:
Brosio v. Deutsche Bank National Trust Company (In re Brosio), BAP No. NC-13-1119-KiDJu (B.A.P. 9th Cir. Mar. 7, 2014)
Ruling:
Affirming the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in determining that debtor was not the "prevailing party" within the...
Judge(s):
KIRSCHER, DUNN, and JURY
Tag(s):

Bank of New York Mellon v. GC Merchandise Mart, L.L.C. (In the Matter of Denver Merchandise Mart, Inc.)

Citation:
-- F.3d -- (5th Cir. 2014)
Ruling:
Affirmed judgment disallowing a $1.8 million portion of the lender's secured claim for a "Prepayment Consideration" under Colorado law because "[a]bsent a clear contractual provision to the...
Judge(s):
REAVLEY, DAVIS, and HIGGINSON (opinion from W. EUGENE DAVID)
Tag(s):

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