Francois Freres USA, Inc. v. Weiss (In re Walldesign, Inc.)

Citation:
BAP No, CC-17-1290-KuFS (9th Circuit, Aug 02,2018) Not Published
Case Status:
Affirmed
Ruling:
An avoidance defendant-creditor cannot rely on Rule 60 for reconsideration, instead of a timely appeal, of an order disallowing the party's proof of claim, especially where the arguments asserted...
Judge(s):
KURTZ, FARIS, and SPRAKER
Tag(s):

Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC

Citation:
No. 16-1681 (4th Circuit, Jun 12,2017) Published
Case Status:
Affirmed
Ruling:
As to the threshold requirements of Rule 60(b), the court found that Wells failed to timely file its motion and that granting relief to Wells would prejudice the bona fide purchaser at the...
Judge(s):
Before Judges Niemeyer, King, and Duncan, Circuit Judges.
Tag(s):

In re John Doe

Citation:
16-1681 (3rd Circuit, Mar 09,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The court affirmed district court's denial of appellant's request for relief under Rule 59(e), but vacated and remanded to district court to determine whether appellant's Rule 60(b) request was...
Judge(s):
Fisher, Vanaskie, and Krause
Tag(s):

Arriola v. Naylor (In re Arriola)

Citation:
9th Cir. BAP CC-15-1092-KuFTa (April 5, 2016) (unpublished)
Ruling:
The bankruptcy court correctly denied Chapter 13 Debtor permission to re-litigate a dispute with Bank of America concerning chain of title issues with a residential deed of trust. The Debtor had a...
Judge(s):
KURTZ, FARIS and TAYLOR, Bankruptcy Judges.
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9th Cir. BAP No. NC-15-1095-JuKuW (March 1, 2016) (unpublished)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):

Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor)

Citation:
Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor), No. UT-14-047 (BAP 10th Cir. Apr. 15, 2015)
Ruling:
BAP for 10th Circuit affirmed in part, and dismissed in part, debtor's appeal of bankruptcy order denying her motion to reconsider order denying motion to vacate order converting debtor's chapter...
Judge(s):
Nugent, Somers, Jacobvitz
Tag(s):

Manchester v. Funderburgh (In re Funderburgh)

Citation:
Manchester v. Funderburgh (In re Funderburgh), 2015 WL 412774 (10th Cir. BAP February 2, 2015)
Ruling:
The BAP affirmed the bankruptcy court's denial of the debtor's discharge and avoidance of fraudulent transfers, ruling that the bankruptcy trustee was not precluded from asserting the claims by the...
Judge(s):
Michael, Romero, and Jacobvitz
Tag(s):

Eugenio v. Continental Pacific, LLC (In re Eugenio)

Citation:
Ninth Circuit Bankruptcy Appellate Panel, No. HI-13-1459-KuJuKi (February 5, 2015)
Ruling:
Order affirming ruling denying motion for reconsideration pursuant to FRCP 60(b) and FRBP 9024 of order granting summary judgment. The BAP rejected arguments that the proceeding was improperly...
Judge(s):
Kurtz, Jury and Kirscher
Tag(s):

Blixseth v. Glasser (In re Yellowstone Mountain Club, LLC)

Citation:
Blixseth v. Glasser (In re Yellowstone Mountain Club, LLC), No. 13-35113 (9th Cir. Feb. 11, 2015)
Ruling:
In an unpublished decision, the 9th Circuit affirmed the U.S. District Court for the District of Montana, who had affirmed the U.S. Bankruptcy Court for the District of Montana, and ruled that the...
Judge(s):
Kozinski, Paez, Berzon
Tag(s):

Schwab v. Oscar (In re SII Liquidation Co.)

Citation:
Schwab v. Oscar (In re SII Liquidation Co.), Case No. 14-8009 (6th Cir. B.A.P. Sept. 15, 2014).
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's denial of a motion for relief from judgment. The bankruptcy court had previously dismissed movants' malpractice...
Judge(s):
HUMPHREY, OPPERMAN, and PRESTON
Tag(s):

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