The Bankruptcy Court erred in reducing mortgage balances by the amount the secured lender would have received under Chapter 13 plan had creditor filed proofs of claim. The Secured creditor's liens...
Summarized by Hale Lake , Hinshaw & Culbertson LLP
7 years 5 months ago
Citation:
Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
Ruling:
The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
8 years 10 months ago
Citation:
In Re Barker, 9th Cir. B.A.P., MT-13-1393-JuKuPa (March 28, 2014) [Unpublished]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court which held, the bankruptcy court did not have the discretion to allow a late filed...
Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
9 years 3 months ago
Citation:
BAP Case No. EC-13-1010-JuKiPa (October 28, 2013)
Ruling:
In the unpublished decision, the BAP affirmed the bankruptcy court’s order denying his motion for leave to file a late proof of claim (POC) and a complaint for 11 U.S.C. § 523...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
9 years 7 months ago
Citation:
Wren Alexander Investments, L.L.C. v. Internal Revenue Service (In re: Wren Alexander Investments, L.L.C.), Case No. 12-50376 (5th Cir. June 4, 2013)
Ruling:
Affirmed lower courts' allowance of the IRS' claim against the debtor based upon a pre-petition lien on real property that the debtor aquired on the eve of bankruptcy from a delinquent third-party...
Bankruptcy Appellate Panel for the First Circuit, No. 10-10029-BKT (April 12, 2013)A
Ruling:
Concluding that no legally cognizable grounds for reconsideration were established, the Court affirmed the bankruptcy court's denial of a Rule 60(b) motion, seeking to recognize a late-filed claim....
Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
10 years 10 months ago
Citation:
No. 11-20777 (5th Cir. March 20, 2012)
Ruling:
An affidavit filed in support of a claimant's lien against mineral property did not indicate it was sworn in the presence of the affiant. The failure to provide a properly sworn affidavit in...
The Eighth Circuit affirmed the decision of the bankruptcy court denying a creditor's motion to determine his claim, on the grounds that the bankruptcy court lacked subject matter jurisdiction to...
Affirming the judgments of the district court and the bankruptcy court below, the Seventh Circuit held that a secured creditor's failure to file a proof of claim pursuant to Bankruptcy