In the Matter of Sunnyslope Housing Limited Partnership

Citation:
Ninth Circuit Court of Appeals, No. 12-17241 ((April 8, 2016)
Ruling:
For purposes of valuation of a senior lender's interest under section 506(a), restrictions on the debtor's use of the property that would be extinguished in a foreclosure do not apply to limit the...
Judge(s):
Kozinski, Paez and Clifton
Tag(s):

Chagolla, et al. v. JP Morgan Chase Bank, N.A. (In re Chagolla)

Citation:
no official cite as of yet
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit reversed the bankruptcy court's denial of the Debtors' unopposed valuation motion that was filed postdischarge after the Debtors completed their...
Judge(s):
BAP Judges JURY and KURTZ and Bankruptcy Judge WASLEE (sitting by designation)
Tag(s):

Beck v. Wells Fargo Home Mortgage (In re Beck)

Citation:
9th Cir. BAP No. NC-15-1095-JuKuW (March 1, 2016) (unpublished)
Ruling:
Debtor's error identifying a second deed of trust that was intended to be stripped off in its Chapter 13 Plan could be corrected after completion of plan. The BAP vacated the bankruptcy court's...
Judge(s):
JURY, KURTZ, and WANSLEE, Bankruptcy Judges.
Tag(s):

Gold Star Construction, Incorporated v. Cavu/Rock Properties Project I, L.L.C.

Citation:
Fifth Circuit;No. 15-50455
Ruling:
The doctrines of res judicata and collateral estoppel were not applicable to a party which advocated very different valuations for the same property in different contexts (value for confirmation...
Judge(s):
KIng, Clement and Owen
Tag(s):

Beardsley v. Rabobank (In re Beardsley)

Citation:
9th Cir. BAP No. NC-14-1230-DKiTa (August 28, 2015) (unpublished)
Ruling:
Bank held a 2nd position deed of trust and filed a secured proof of claim. It later became clear the lien had no value, and it was a solvent estate. The Bank made a motion under § 506(a) seeking...
Judge(s):
DUNN, KIRSCHER AND TAYLOR, Bankruptcy Judges.
Tag(s):

Latus v. Shumate Spokane, LLC (In re Shumate Spokane, LLC)

Citation:
Latus v. Shumate Spokane, LLC (In re Shumate Spokane, LLC), BAP No. EW-14-1302-TaPaJu, 2015 WL 5013358 (B.A.P. 9th Cir. Aug. 25, 2015)
Ruling:
Affirming the bankruptcy court, the Bankruptcy Appellate Panel for the Ninth Circuit held that (1) the debtor’s former employees’ claim seeking to surcharge the debtor’s secured lenders under...
Judge(s):
Taylor, Pappas, Jury, Bankruptcy Judges
Tag(s):

Bank of America, NA v. Phillips (In re Phillips)

Citation:
Bank of America, N.A. v. Phillips (In re Phillips), Case No. 14-12585 (11th Cir. Sept. 29, 2014) (unpublished)(per curiam).
Ruling:
The Eleventh Circuit held that the McNeal and Folendore decisions are binding precedent in affirming the decision of the bankruptcy court and the district court which permitted chapter 7 debtors to...
Judge(s):
Wilson, Rosenbaum, and Cox, Circuit Judges
Tag(s):

Minnesota Housing Finance Agency v. Schmidt (In re Schmidt)

Citation:
Minnesota Housing Finance Agency v. Schmidt (In re Schmidt), No. 13-2447 (8th Cir. 2014)
Ruling:
Eighth Circuit Court of Appeals affirmed U.S. District Court, which affirmed bankruptcy court's confirmation of Chapter 13 plan over objection of creditor. Issue was whether Chapter 13 debtor...
Judge(s):
Colloton, Shepherd, Kelly
Tag(s):

Bank of America v. Waits (In re Waits)

Citation:
No. 14-11408 (11th Cir. Aug. 21, 2014)
Ruling:
Order allowing debtor to extinguish second-priority mortgage lien on home when first-priority lien exceeded fair market value of home was affirmed, with the Court observing that it was bound to...
Judge(s):
TJOFLAT, JORDAN, and BLACK, Circuit Judges
Tag(s):

KVN Corporation, Inc. v. Green (In re KVN Corporation)

Citation:
KVN Corporation, Inc. v. Green (In re KVN Corporation), B.A.P. No. NC-13-1318 (9th Cir. B.A.P., July 29, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit vacated and remanded the decision of the Bankruptcy Court denying approval of a carve out agreement between the Chapter 7 trustee and the secured...
Judge(s):
Jury, Kurtz and Dunn, Bankruptcy Judges
Tag(s):

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