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Behrens v. U.S. Bank Ntl Assoc. (In re Behrens)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 6 months ago
Citation:
Behrens v. U.S. Bank Ntl Assoc. (In re Behrens), 8th Circuit Court of Appeals, No. 14-1038, No. 14-1041, No. 13-2700, April 14, 2014 [Unpublished]
Ruling:
In a series of unpublished per curiam opinions, the 8th Circuit Court of Appeals, affirmed the Bankruptcy Appellate Panel ruling upholding the Bankruptcy Court's order terminating the automatic...
Judge(s):
WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges.
Tag(s):

Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).

Citation:
Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).
Ruling:
Appellate Panel of 10th Circuit holds that secured creditor is "adequately protected" under Section 363(e) when the value of property securing creditor's claim exceeds the creditor's claim by a...
Judge(s):
Judge Michael, Judge Jacobvitz, and Judge Marker
Tag(s):

Spitzauer v. Exoterm Holding D.D., et al. (In re Spitzauer)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 1 month ago
Citation:
Spitzauer v. Exoterm Holding D.D., et al. (In re Spitzauer), BAP No. 11-1180 (BAP 9th Cir. Jan. 27, 2014) (Not for Publication)
Ruling:
The 9th Circuit affirmed the BAP's decision affirming the bankruptcy court's order denying Appellant's second motion to extend time to file a notice of appeal. The 9th Circuit ruled that the...
Judge(s):
Canby, Silverman, Paez
Tag(s):

Knaub v. Rollison (In re Rollison)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 12 years 4 months ago
Citation:
Knaub, et al. v. Rollison, Case No. CO-13-028 (B.A.P. 10th Cir. October 29, 2013) (unpublished)
Ruling:
Under § 523(a)(2)(A), Plaintiff must prove that Debtor’s promise to build a new house – the misrepresentation - caused Plaintiff’s damages and any such damages are limited to those incurred...
Judge(s):
Thurman, Cornish, Karlin
Tag(s):

Freeman v. Loomas (In re Loomas)

Citation:
B.A.P. (10th Cir October 15, 2013) Case No. CO-13-017
Ruling:
AFFIRMING the bankruptcy court's order denying debtor's motion for extension of time.
Judge(s):
Thurman, Cornish, and Karlin
Tag(s):

Weinstein v. Federal National Mortgage Association, et al. (In re Weinstein)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 6 months ago
Citation:
Weinstein v. Federal National Mortgage Association, et al. (In re Weinstein), BAP No. CO-13-017 (10th Cir. BAP October 15, 2013)
Ruling:
The 10th Circuit BAP affirmed the bankruptcy court's (District of Colorado) denial of Chapter 7 debtor's motion for extension of time to file a notice of appeal. The BAP ruled that debtor failed to...
Judge(s):
Thurman, Cornish, and Karlin
Tag(s):

Olivia Perez v. Adalberto Perez Jimenez (In re Jimenez)

  • Summarized by Holly Roark , Roark Law Offices
  • 12 years 6 months ago
Citation:
BAP No. NC-12-1425-JuTaPa, appealed from Bk. No. 12-42231-WJL
Ruling:
BAP affirmed bankruptcy court ruling that ex-wife creditor's $245,000 claim against her Chapter 13 Debtor ex-husband was not entitled to priority under 11 USC section 507(a)(1)(A), but rather was a...
Judge(s):
JURY, TAYLOR, and PAPPAS
Tag(s):

Alton v. KeyBank, N.A. (In re Powell's International, Inc.)

Citation:
Bk. No. 10-02965-GBN
Ruling:
The bankruptcy appellate panel found Non-Debtor Mr. Alton's appeals moot. While Alton may equitably be entitled to $126,000, there is no mechanism under the Code for satisfying his claim. Based...
Judge(s):
Taylor, Ahart, Jury
Tag(s):

Pineda v. Bank of America, N.A. (In re Pineda)

Citation:
BAP No. EC-11-1719-MkDJu (B.A.P. 9th Cir., April 23, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeal ("9th Cir. BAP") affirmed the Bankruptcy Court order abstaining from exercising jurisdiction over a Chapter 7 debtor's...
Judge(s):
Bankruptcy Judges Markell, Dunn and Jury
Tag(s):

Bourgeois v. Bank of America (In re Bourgeois)

  • Summarized by Shara Cornell , McDonald Hopkins LLC
  • 12 years 11 months ago
Citation:
Bourgeois v. Bank of America (In re Bourgeois), No. 12-6056 (8th Cir. BAP March 22, 2013)
Ruling:
Incarceration was not an exigent circumstance and Debtor did not meet the standard for a Motion for Relief from Final Judgment, Order or Proceeding under FRCP 59(e) and FRBP 9023.
Judge(s):
Chief Judge Federman, Judge Saladino, Judge Nail
Tag(s):

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