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Home » Chapter 5 » SUBCHAPTER I » § 506

Carswell v. Rojas, et al. (In re Carswell)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 2 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-15-1100-KuKiTa (December 11, 2015)
Ruling:
In the Memorandum opinion by the Ninth Circuit Bankruptcy Appellate Panel ("BAP") deemed no appropriate for publication, the BAP affirmed the bankruptcy court's order dismissing the Chapter 13...
Judge(s):
Honorable KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges.
Tag(s):

Jester v. Wells Fargo Bank N.A. (In re Jester)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 4 months ago
Citation:
Jester, et al. v. Wells Fargo Bank N.A. (In re Jester), Case No. EO-15-002 (BAP 10th Cir. October 22, 2015). Unpublished.
Ruling:
If a court is unable to provide debtor any relief, reopening a bankruptcy case would be futile and a court does not abuse its discretion if it refuses to reopen the case. In this case, neither the...
Judge(s):
Thurman, Jacobvitz, Hall (Hall)
Tag(s):

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

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 10 years 6 months ago
Citation:
No. 14-12406; D.C. Docket No. 2:14-cv-00099-RWS; Bkcy. No. 13-bkc-23099-REB
Ruling:
In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien...
Judge(s):
Wilson, Rosenbaum, and Cox
Tag(s):

Matteson v. Bank Of America (In re Matteson)

  • Summarized by Michael Coury , Glankler Brown, PLLC
  • 10 years 6 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):

City of Concord, N.H. v. Northern New England Telephone Operations LLC (In re Northern New England Telephone Operations LLC)

  • Summarized by G. Warner , St. John's University School of Law
  • 10 years 7 months ago
Citation:
No. 14-3381-bk (Aug. 4, 2015)
Ruling:
The Court adopts the view that a lien can be extinguished by a Chapter 11 plan under 1141(c) only if the creditor has "participated" in the bankruptcy proceeding. See Penrod, 50 F.3d 459 (CA7...
Judge(s):
Jacobs, with Newman & Raggi
Tag(s):

Boukatch v. Midfirst Bank (In re Boukatch)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 7 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. AZ-14-1483-KiPaJu (July 9, 2015)
Ruling:
In the issue of first impression before the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP reversed and remanded the bankruptcy court's order denying the Chapter 13 Debtors motion to...
Judge(s):
KIRSCHER, PAPPAS and JURY, Bankruptcy Judges.
Tag(s):

Bella Sera Homeowners' Assoc. v. Pack (In re Pack)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 9 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NV-14-1375-KuDJu
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") ruled that both bankruptcy court's orders "stripping off" Bella Sera Homeowner's Association ("Bella") lien and...
Judge(s):
KURTZ, DUNN and JURY, Bankruptcy Judges
Tag(s):

Baker Hughes Oilfield Operations, Inc. v. Morton (In the Matter of R.L. Adkins Co.)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 10 years 10 months ago
Citation:
Case No. 14-10768 (5th Cir. April 23, 2015)
Ruling:
Appellant was not entitled to maintain its Section 1111(b) election because the confirmed plan provided for a sale of the appellant's collateral and appellant failed to provide notice of its intent...
Judge(s):
REAVLEY, JONES, and ELROD, Circuit Judges.
Tag(s):

Marlow Manor Downtown, LLC v. Wells Fargo Bank (In re Marlow Manor Downtown LLC)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 11 years 3 weeks ago
Citation:
In re Marlow Manor Downtown, LLC, No. AK-14-1122-JuKiKu (9th Cir. B.A.P. Feb. 6, 2015).
Ruling:
A chapter 11 debtor’s plan may not classify an under-secured creditor’s claim as entirely secured unless the creditor itself makes the section 1111(b)(2) election. (Not-for-publication...
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 1 month ago
Citation:
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to...
Judge(s):
KIRSCHER, DUNN and JURY, Bankruptcy Judges
Tag(s):

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