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

• Summarized by Neal Paul Donnelly , Paul, Weiss, Rifkind, Wharton & Garrison LLP
• 8 years 8 months ago

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):

• 1st Circuit
• Administrative Expense Claims
• Claims
• Hospitality, Entertainment Venues and Gaming
• Real Estate
• Valuation
• § 362
• § 506

Paulson v. Wein (In re Paulson)

• Summarized by Omid Moezzi ,
• 8 years 9 months ago

Citation:

Case No 12-6029 (8th Cir. BAP Sept. 2012)

Ruling:

AFFIRMING the lower Court's ruling that denied the debtor, Paulson, a new trial and dismissed his chapter 13 case.

Judge(s):

Schermer, Federman and Saladino.

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Claims
• Bankruptcy Litigation
• Plan Confirmation
• § 1325
• § 506
• § 1307

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

• Summarized by Scottie Kleypas , Robert A. Kumin, P.C.
• 8 years 9 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):

• 10th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Claims
• Mortgage
• § 1322
• § 506

In re Sentinel Management Group, Inc.

• Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
• 8 years 10 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):

• 7th Circuit
• Bankruptcy Litigation
• Finance and Banking
• Fraudulent Transfers
• § 544
• § 506
• § 548
• § 510

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

• Summarized by Bruce Harwood , U.S. Bankruptcy Court, District of New Hampshire
• 8 years 12 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):

• 1st Circuit
• Consumer Bankruptcy
• Consumer Debt
• Claims
• Mortgage
• Plan Confirmation
• Professional Compensation/Fees
• Rule 2016
• § 1322
• § 506

In re Creekside Senior Apartments, LP

• Summarized by Omid Moezzi ,
• 8 years 12 months ago

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):

• 6th Circuit
• Bankruptcy Process and Procedure
• Professional Practice Areas
• Business Reorganization
• Claims
• Finance and Banking
• Real Estate
• Valuation
• § 506

In re Makris

• Summarized by Ericka Johnson , Womble Bond Dickinson (US) LLP
• 9 years 1 month 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):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Compensation/Fees
• § 506

In re Heritage Highgate, Inc.

• Summarized by ,
• 9 years 1 month 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):

• 3rd Circuit
• Real Estate
• Valuation
• Rule 3012
• § 506

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

• Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
• 9 years 1 month 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):

• 11th Circuit
• Consumer Bankruptcy
• Claims
• Mortgage
• § 506

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
• 9 years 2 months 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):

• 8th Circuit
• Claims
• Real Estate
• § 363
• § 105
• § 506

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