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Alton v. KeyBank, N.A. (In re Powell's International, Inc.)

Citation:
Bk. No. 10-02965-GBN
Ruling:
The bankruptcy appellate panel found Non-Debtor Mr. Alton's appeals moot. While Alton may equitably be entitled to $126,000, there is no mechanism under the Code for satisfying his claim. Based...
Judge(s):
Taylor, Ahart, Jury
Tag(s):

Palomar v. First American Bank

  • Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
  • 8 years 10 months ago
Citation:
(7th Cir., No. 12-3492)
Ruling:
Chapter 7 debtor cannot strip-off a wholly-unsecured mortgage. The Seventh Circuit distinguished the ability to strip-off wholly-unsecured mortgages in Chapter 13 because "[t]he strip-off right in...
Judge(s):
Posner, Manion, and Rovner
Tag(s):

Garden v. Central Nebraska Housing Corp.

  • Summarized by Sarah Smegal , Hackett Feinberg PC
  • 8 years 11 months ago
Citation:
Garden v. Central Nebraska Housing Corp., et al., No. 12-2344, --- F.3rd ----, 2013 WL 3214982 (8th Cir. Jun. 27, 2013)
Ruling:
AFFIRMING the District Court's decision granting Debtors' motion for partial summary judgment, reducing mortgagee's secured claim as to attorney's fees and related costs and awarding sanctions...
Judge(s):
Wollman, Gruender, Shepherd
Tag(s):

Bullard v. Hyde Park Savings Bank (In re Bullard)

  • Summarized by Bodie Colwell , Preti Flaherty
  • 8 years 12 months ago
Citation:
Bullard v. Hyde Park Savings Bank (In re Bullard), No. 12-054 (B.A.P. 1st Cir. May 24, 2013)
Ruling:
The B.A.P. affirmed the bankruptcy court's order, finding that the Debtor's "hybrid" plan was not confirmable. The plan proposed to modify several of Hyde Park Bank's (the secured creditor) rights...
Judge(s):
Haines, Tester, and Godoy
Tag(s):

Branigan v. Davis (In re Davis)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 9 years 2 weeks ago
Citation:
Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)
Ruling:
In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of...
Judge(s):
Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.
Tag(s):

Formatech, Inc. v. Sovereign Bank (In re Formatech, Inc.)

  • Summarized by Lynne Xerras , Holland & Knight LLP
  • 9 years 5 months ago
Citation:
Formatech, Inc. v. Sovereign Bank, et al. (In re Formatech, Inc.), No. MW 12-012 (1st Cir. B.A.P. December 7, 2012))
Ruling:
The Bankruptcy Appellate Panel for the First Circuit ("BAP") entered an order DIMISSING the appeal initiated by Formatech, Inc., the debtor and appellant ("Debtor" or "Formatech"), subsequent to...
Judge(s):
Lamoutte, Kornreich and Caban
Tag(s):

U.S. Bank National Association v. Lewis and Clark Apartments, LP (In re Lewis and Clark Apartments, LP)

  • Summarized by ,
  • 9 years 7 months ago
Citation:
In re Lewis and Clark Apartments, LP, ---F.3d --- (8th Cir. BAP October 11, 2012) (Federman, J.)
Ruling:
REVERSING and REMANDING, the 8th Cir. BAP held that a challenge to a valuation decision based on law and not fact is an appealable interlocutory order because the legal bases for valuation affect...
Judge(s):
Kressel, Federman, and Nail (BAP Judges)
Tag(s):

The Prudential Insurance Company of America v. SW Boston Hotel Venture, LLC (In re SW Boston Hotel Venture, LLC)

  • Summarized by Michael Yurkewicz , Klehr Harrison Harvey Branzburg LLP
  • 9 years 7 months ago
Citation:
In re SW Boston Hotel Venture, LLC, et al., BAP No. MB 11-087 (October 1, 2012 1st Cir. BAP)
Ruling:
The order confirming the substantially consummated plan of reorganization was vacated and the case remanded to the bankruptcy court to allow for the amendment of the plan to address Prudential’s...
Judge(s):
Haines, Deasy, and Tester
Tag(s):

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