Akeem Makeen v. Woodstream Falls Condominium

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

Citation:

BAP No. CO-20-006 & CO-20-026 (10th Circuit, Sep 01,2020) Not Published

Case Status:

Affirmed

Ruling:

BAP for 10th Cir. affirmed orders of bankruptcy court (D. Colo.) dismissing debtor's complaint, striking debtor's repetitive filings, and sanctioning debtor for abusive conduct. Bankruptcy court...

Judge(s):

Cornish, Michael, Loyd

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Professional Practice Areas
• Real Estate
• Fed.R.Bankr.P. 7012

In re Edwin Earl Elliott

• Summarized by Joel Newell , Ballard Spahr, LLP
• 4 years 4 months ago

Citation:

Ninth Circuit Court of Appeals Case No. 18-17421 (9th Circuit, Aug 12,2020) Published

Case Status:

Affirmed

Ruling:

The Court provided that a Debtor must establish five conditions to shield a Debtor's property under 11 U.S.C. Sec. 522(h). The perfected lien on the Debtor's IRA funds was not voidable under 11...

Judge(s):

Honorable Richard A. Paez and Carlos T. Bea, Circuit Judges, and Lynn s. Adelman, District Judge

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Preferences
• Consumer Bankruptcy
• Fed.R.Bankr.P. 7012
• 11 U.S.C § 522

Privitera v. Curran

• Summarized by David Baker , Law Office of David G. Baker
• 8 years 5 months ago

Citation:

BAP No. MW 15-051

Ruling:

Order dismissing dischargeability adversary proceeding affirmed.

Judge(s):

Lamoutte, Deasey (author) and Cary

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Bankruptcy Litigation
• Fed.R.Bankr.P. 7012
• 11 U.S.C § 523

Hart v. Bank of America Home Loans (In re Hart)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 9 years 6 months ago

Citation:

Ninth Circuit Banruptcy Appellate Panel Case No. CC-14-1343-TaKuD (June 24, 2015)

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel ("BAP") entered it Memorandum opinion without the submittal of oral argument and determined it was not appropriate for publication. The Debtor did not...

Judge(s):

TAYLOR, DUNN, and KURTZ, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Fed.R.Bankr.P. 7012

Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera)

• Summarized by Carrie Hardman , Winston & Strawn LLP
• 10 years 2 weeks ago

Citation:

Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera), Case No. CC-13-1505-KuPaTa (B.A.P. 9th Cir. Dec. 23, 2014)

Ruling:

AFFIRM bankruptcy court's ruling, dismissing adversary proceeding pursuant to Fed. R. Civ. P. 12(b)(6) (made applicable by Fed. R. Bankr. P. 7012), holding that, under California law, a borrower in...

Judge(s):

Vincent Zurzolo

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Fed.R.Bankr.P. 7012

Mullin v. Wells Fargo Bank (In re Mullin)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 10 years 2 months ago

Citation:

Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]

Ruling:

In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed...

Judge(s):

JURY, KURTZ, and PAPPAS, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Asset Sales
• Discharge/Dischargeability
• Automatic Stay
• Mortgage
• Bankruptcy Litigation
• Predatory Lending
• Fraud
• Fraudulent Transfers
• Lender Liability
• Practice and Procedure
• Real Estate
• Fed.R.Bankr.P. 7012
• Rule 9006
• Rule 9023
• Rule 9024

Behrens v. US (In re Behrens)

• Summarized by Michael Cooley , Reed Smith LLP
• 10 years 11 months ago

Citation:

No. 13-6052 (8th Cir. B.A.P. February 12, 2014).

Ruling:

Affirming the bankruptcy court’s ruling, the Eighth Circuit Bankruptcy Appellate Panel held that a bankruptcy case or adversary proceeding may not be used as a means to collaterally attack a...

Judge(s):

Schermer, Nail, and Shodeen.

Tag(s):

• 8th Circuit
• Discharge/Dischargeability
• Bankruptcy Litigation
• Fed.R.Bankr.P. 7012
• § 362
• § 523

Merchants & Farmers Bank v. Coxwell (In the Matter of Fish & Fisher, Inc.)

• Summarized by Peter Ruggero , Ruggero Law Firm PC
• 10 years 11 months ago

Citation:

Case No. 13-60368 (5th Cir. February 7, 2014)

Ruling:

Affirmed dismissal under Fed. R. Civ. P. 12(b)(6) and affirmed denial of motion to amend complaint.

Judge(s):

Smith, DeMoss, and Higginson, Per Curiam

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Fed.R.Bankr.P. 7012

Starr International Co., Inc. v. Federal Reserve Bank of New York

• Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
• 10 years 11 months ago

Citation:

Starr International Co., Inc. v. Federal Reserve Bank of New York, Case No. 12-5022, (2nd Cir. January 29, 2014)

Ruling:

State law fiduciary duty standard does not apply to Federal Reserve Bank of New York (“FRBNY”) performing “general fiscal duties of the United States,” as “instrumentality of the federal...

Judge(s):

Walker, Livingston, and Chin

Tag(s):

• 2nd Circuit
• Professional Practice Areas
• Fed.R.Bankr.P. 7012
• 11 U.S.C § 106

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