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

• Summarized by Benjamin Ellison , Salish Sea Legal PLLC
• 7 years 11 months ago

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):

• 9th Circuit
• Administrative Expense Claims
• Asset Sales
• Rule 8002
• § 363
• § 506
• § 726

Palomar v. First American Bank

• Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
• 7 years 11 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):

• 7th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Claims
• Mortgage
• Bankruptcy Litigation
• Real Estate
• Valuation
• § 506

Ryan v. U.S. (In re Ryan)

• Summarized by ,
• 7 years 11 months ago

Citation:

12-3398

Ruling:

Seventh Circuit Court of Appeals AFFIRMED the decision of the the Bankruptcy Court holding that the Bankruptcy Court's interpretation of section 506(d) as stated in Dewsnup v. Timm (502 U.S. 410...

Judge(s):

Ripple. Rovner and Williams

Tag(s):

• 7th Circuit
• Consumer Bankruptcy
• Bankruptcy Taxation
• Claims
• Govt. Claims/Sovereign Immunity
• § 502
• § 103
• § 506

Garden v. Central Nebraska Housing Corp.

• Summarized by Sarah Smegal , Hackett Feinberg PC
• 7 years 12 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):

• 8th Circuit
• Consumer Bankruptcy
• Automatic Stay
• Claims
• Mortgage
• § 362
• § 506

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

• Summarized by Bodie Colwell , Preti Flaherty
• 8 years 4 weeks 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):

• 1st Circuit
• Consumer Bankruptcy
• Plan Confirmation
• § 1322
• § 1325
• § 506
• § 1328

Branigan v. Davis (In re Davis)

• Summarized by Ann Brogan , Davey | Brogan, PC
• 8 years 1 month 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):

• 4th Circuit
• Consumer Bankruptcy
• Claims
• Mortgage
• Plan Confirmation
• Valuation
• § 1322
• § 502
• § 524
• § 1325
• § 506
• § 348
• § 349

Wallingford v. Green Tree Servicing, LLC (In re Wallingford)

• Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
• 8 years 2 months ago

Citation:

Case No. 12-4174

Ruling:

Debtor can modifiy lien on mobile home used as debtor's residence where mobile home has not been converted to real property under state law.

Judge(s):

MERRITT, SUHRHEINRICH, DONALD

Tag(s):

• 6th Circuit
• Personal Bankruptcy Topics
• § 1322
• § 506

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

• Summarized by Lynne Xerras , Holland & Knight LLP
• 8 years 6 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):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• § 506

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

• Summarized by ,
• 8 years 8 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):

• 8th Circuit
• Claims
• Valuation
• § 506

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
• 8 years 8 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):

• 1st Circuit
• Business Reorganization
• Hospitality, Entertainment Venues and Gaming
• Real Estate
• § 506
• § 1129

Pages

• 1
• 2
• 3
• 4
• 5
• 6
• 7
• 8
• 9
• …
• previous
• next