Home » Chapter 5 » SUBCHAPTER I » § 506

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

Citation:
Prudential Ins. Co. v. City of Boston (In re SW Boston Hotel Venture, LLC), BAP NOS. MB 11-079, MB 11-082, MB 11-085, MB 11-086; Bankr. Case No. 10-14535-JNF (B.A.P. 1st Cir. Oct. 1, 2012)
Ruling:
In a dispute between a developer-debtor and its primary secured lender, the BAP AFFIRMED the bankruptcy court's decision to calculate postpetition interest (506(b)) owing to the lender at the...
Judge(s):
Haines, Deasy, and Tester, United States Bankruptcy Appellate Panel Judges
Tag(s):

Woolsey v. Citibank, N.A. (In re Woolsey)

  • Summarized by Scottie Kleypas , Robert A. Kumin, P.C.
  • 9 years 8 months ago
Citation:
Woolsey v. Citibank (In re Woolsey), No. 11-4014 (10th Cir. September 4, 2012).
Ruling:
AFFIRMING the District Court, the 10th Circuit held that § 506(d) prevents Chapter 13 debtors from lien stripping and Dewsnup remains the law. However, the holding is limited to application of ...
Judge(s):
Gorsuch, Holmes, and Matheson
Tag(s):

In re Sentinel Management Group, Inc.

  • Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
  • 9 years 9 months ago
Citation:
Frederick Grede v. Bank of New York Mellon, Case Nos. 10-3787, 10-3990 & 11-1123 (7th Cir. Aug. 9, 2012)
Ruling:
Order and judgment of the District Court are affirmed: Investment manager's illegal pledge of client funds to secure short-term loans supporting manager's trading activity for its own account and...
Judge(s):
Manion, Rovner and Tinder, Circuit Judges.
Tag(s):

RNPM, LLC v. Mercado Alvarez (In re Mercado Alvarez)

  • Summarized by Bruce Harwood , U.S. Bankruptcy Court, District of New Hampshire
  • 9 years 11 months ago
Citation:
Case No. PR-080 (1st Cir. BAP June 28, 2012)
Ruling:
Pursuant to Section 1322(e) of the Bankruptcy Code, the amount of an arrearage under a mortgage secured by the debtor’s principal residence, including the amount of the mortgagee’s attorneys...
Judge(s):
Boroff, Deasy, Bailey
Tag(s):

In re Creekside Senior Apartments, LP

Citation:
Case No. 11-8072, B.A.P. No. 10-53019 (6th Cir. E.D. Kentucky)
Ruling:
AFFIRMING bankruptcy court's order setting the market value of the Debtors' low-income housing tax credit properties and overruling the Debtors' and General Partners' Valuation Objection and Motion...
Judge(s):
Harris, Preston, and Shea-Stonum.
Tag(s):

In re Makris

  • Summarized by Ericka Johnson , Womble Bond Dickinson (US) LLP
  • 10 years 1 day ago
Citation:
In re Makris, Case No. 11-1666, 2012 U.S. App. LEXIS 10359 (3d Cir. May 23, 2012) (Not Precedential)
Ruling:
The Third Circuit Court of Appeals VACATED an order of the United States District Court for the District of New Jersey that affirmed the bankruptcy court’s award of fees on fees incurred by the...
Judge(s):
Vanaskie, Barry, and Cudahy
Tag(s):

In re Heritage Highgate, Inc.

  • Summarized by ,
  • 10 years 1 week ago
Citation:
In re Heritage Highgate, Inc. and Heritage Twin Ponds, L.P., Debtors, Case No. 11-1889, ---F.3d ---- (3d Cir. May 14, 2012)(slip opinion) (Rendell, J.)
Ruling:
First, real estate is to be valued under Section 506(a) at fair market replacement value as of the date of Chapter 11 Plan confirmation. Second, lien-stripping is allowed in a Chapter 11...
Judge(s):
Rendell, Fisher, and Chagares, Circuit Judges.
Tag(s):

McNeal v. GMAC Mortgage, LLC (In re McNeal)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 10 years 2 weeks ago
Citation:
Lorraine McNeal v. GMAC Mortgage, LLC, et al., Case No.:11-11352 (11th Cir. May 11, 2012)(unpublished)(per curiam).
Ruling:
The Eleventh Circuit held that a wholly unsecured junior lien on a Chapter 7 debtor's home may be "stripped off" pursuant to Section 506(d) of the Bankruptcy Code.
Judge(s):
TJOFLAT, EDMONDSON, and CARNES
Tag(s):

Trilogy Development Co., LLC v. J.E. Dunn Construction Co. (In re Trilogy Development Co., LLC)

  • Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
  • 10 years 1 month ago
Citation:
Case No. 12-6008 (8th Cir. Apr. 5, 2012)
Ruling:
Affirmed bankruptcy court's order holding that mechanic liens attach to an earnest money deposit of the highest bidder at an auction sale of the property, who failed to purchase the property. Such...
Judge(s):
KRESSEL, SALADINO and NAIL
Tag(s):

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