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Home » Fed R Bankr P 7012

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

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 7 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):

Kenneth Benjamin v. United States of America

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 6 years 7 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):

IN RE SINGH

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 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):

Privitera v. Curran

  • Summarized by William Amann , Amann Burnett, PLLC
  • 9 years 6 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):

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

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 4 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):

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

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 10 years 9 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):

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