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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):

Egbune v. Kiel (In re Egbune)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 6 years 3 months ago
Citation:
CO-16-006 (10th Circuit, Nov 30,2016) Not Published
Case Status:
Affirmed
Ruling:

Any action taken post-confirmation to avoid or alter secured status provided by a confirmed plans is barred by the res judicata effect of § 1327(a). A court can reconsider an allowed or...

Judge(s):
NUGENT, SOMERS, HALL (HALL)
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):

PEM Entities LLC v. Province Grande Olde Liberty, LLC, et al. (In re Province Grande Olde Liberty, LLC)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 6 years 7 months ago
Citation:
Case No. 15-1669 (4th Cir., Aug. 12, 2016)
Ruling:
Fourth Circuit reviewed bankruptcy court's analysis of the eleven factors adopted in In re Dornier Aviation (North America), Inc., 453 F.3d 225 (4th Cir. 2006) and, in a per curiam decision,...
Judge(s):
Chief Judge Roger L. Gregory, Circuit Judge William B. Traxler, Jr., and Senior U.S. District Judge Joseph F. Anderson, sitting by designation
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NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)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):

Warner Angle Hallam Jackson Formanek, P.L.C v. Lock (In re LMM Sports Management, LLC., et al.)

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 9 months ago
Citation:
BAP No. AZ-15-1195-KuJaJu (BAP 9th Cir. Jun. 1, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Az.), finding that the bankruptcy court did not err in denying creditor's motion to allow late filed claim, or in...
Judge(s):
Kurtz, Jaime, Jury
Tag(s):

Lavenhar v. First American Title Insurance Co. (In re Lavenhar)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 7 years 3 months ago
Citation:
Lavenhar v. First American Title Insurance Co. (In re Lavenhar), Case No. 14-1391 (10th Cir. July 29, 2014). Published.
Ruling:
A chapter 7 trustee has the sole power to bring a fraudulent conveyance action but a creditor is a party in interest entitled to object to another creditor’s claim.
Judge(s):
Briscoe, Murphy, Gorsuch (Murphy)
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):

Mastan v. Salamon (In re Salamon)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 7 years 11 months ago
Citation:
9th Circuit Bankruptcy Appellate Panel; Case No. CC-14-1334-PaKiTa (April 6, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order disallowing the amended proof of claim filed by chapter 7 trustee, Peter Mastan ("Mastan"). A condition...
Judge(s):
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
Tag(s):

PW Enterprises, Inc. v. State of North Dakota

Citation:
No. 14-1077 (8th Cir. Feb. 20, 2015).
Ruling:
North Dakota law, which did not explicitly authorize the state to collect taxes for “account wagering,” did not impliedly authorize the collection of such taxes either. Accordingly, taxes...
Judge(s):
Riley, Wollman, and Bye.
Tag(s):

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