BBX Operating, L.L.C. v. Bank of America, N.A.

• Summarized by Lars Fuller , BakerHostetler
• 4 years 5 months ago

Citation:

No. 19-11050 (5th Circuit, Aug 11,2020) Published

Case Status:

Affirmed

Ruling:

Fifth Circuit affirmed ruling of district court (ND Tx), which affirmed ruling of bankruptcy court dismissing creditor's claims against non-debtor bank for failure to state a claim. Unsecured...

Judge(s):

Smith, Graves, Ho

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Professional Practice Areas
• Lender Liability
• Fed R Bankr P 7012

Kenneth Benjamin v. United States of America

• Summarized by Aaron Kaufman , Gray Reed LLP
• 5 years 5 months ago

Citation:

18-20185 (5th Circuit, Jul 25,2019) Published

Case Status:

Reversed and Remanded

Ruling:

The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...

Judge(s):

Clement, Graves and Oldham

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Legislation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Govt. Claims/Sovereign Immunity
• Fed R Bankr P 7012
• 28 usc 1334

IN RE SINGH

• Summarized by Lars Fuller , BakerHostetler
• 6 years 7 months ago

Citation:

NC-17-1217-FBTa (9th Circuit, Jun 05,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing adversary proceeding with prejudice. After 9 year campaign opposing foreclosure, Debtor/plaintiff in his 10th bankruptcy...

Judge(s):

Faris, Brand, Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Mortgage
• Professional Practice Areas
• Real Estate
• Fed R Bankr P 7012

Privitera v. Curran

• Summarized by William Amann , Amann Burnett, PLLC
• 8 years 3 months ago

Citation:

1st Circuit BAP NO. MW 15-051, Massachusetts Main Bankruptcy Case No. 14-42811-CJP, Adversary Proceeding No. 15-04024-CJP

Ruling:

AFFIRMED. Creditor's Complaint against Debtor objecting to dischargeability under 11 USC 523(a)(2)(A) was dismissed by the Bankruptcy Court under Fed. R. Civ. P. 12 (b)(6) standard. Creditor's...

Judge(s):

Trial Judge: Hon. Melvin S. Hoffman. BAP Judges: Lamoutte, Deasy and Cary.

Tag(s):

• 1st Circuit
• Discharge/Dischargeability
• Bankruptcy Litigation
• Commercial Fraud
• Fraud
• Practice and Procedure
• Small Business
• Uniform Commercial Code/Article 9
• 7015
• Fed R Bankr P 7012
• 11 U.S.C § 523

Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez)

• Summarized by Lars Fuller , BakerHostetler
• 9 years 2 months ago

Citation:

Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)

Ruling:

The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of...

Judge(s):

Taylor, Dunn, Jury

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Automatic Stay
• Claims
• Mortgage
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• 8014
• Fed R Bankr P 7012
• 11 U.S.C § 548
• § 362

Smith and Stevenson v. First American Title Ins. Co. (In re Stevenson)

• Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
• 9 years 6 months ago

Citation:

No. 14-7048 : Stevenson v. First Am. Title Ins. Co. (D.C. Cir., 2015)

Ruling:

Affirming the Bankruptcy and District Courts that mortgagor, with actual knowledge of flaws in its execution of the controlling documents, is entitled to equitable subrogation as a matter of D. C....

Judge(s):

Senior Circuit Judge David B. Sentelle, Circuit Judges Thomas B. Griffith and Brett N. Kavanaugh. The Opinion for the Court filed by Judge Kavanaugh.

Tag(s):

• D.C. Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• 15 USC 1602
• 28 USC 157
• Fed R Bankr P 7012
• 541

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