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RUBEN PALAZZO, V. BAYVIEW LOAN SERVICING, LLC

Summarizing by Bradley Pearce

Bates v. CitiMortgage, Inc.

Citation:
16-1228 (1st Circuit, Dec 14,2016) Published
Case Status:
Affirmed
Ruling:

The First Circuit affirmed the bankruptcy court's decision that a 1099-A form sent by the mortgagee did not violate the discharge injunction.

Judge(s):
Lynch, Thompson (author) and Barron
Tag(s):

Marques v. Joseph (In re Marques)

Citation:
CC-16-1116-FPaKi (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:
9th Cir. BAP affirmed ruling of bankruptcy court (CD Cal.) granting relief from stay to creditor to proceed with foreclosure against chapter 7 debtor/appellant. BK court properly confirmed...
Judge(s):
Faris, Pappas, Kirscher
Tag(s):

Village Park Community Association v. Faitalia (In re Faitalia)

Citation:
HI-16-1170-JuTaKu (9th Circuit, Dec 06,2016) Published
Case Status:
Reversed
Ruling:

After Chapter 13 Debtors successfully stripped homeowner association lien for purposes of plan confirmation, bankruptcy court erred in awarding attorneys fees and costs to Chapter 13 Debtor as...

Judge(s):
JURY, TAYLOR, and KURTZ, Bankruptcy Judges.
Tag(s):

Advanced Biomedical, Inc. v. Specialty Laboratories, Inc. (In re Advanced Biomedical, Inc.)

Citation:
BAP No. CC-16-1100-DKiF (9th Cir. B.A.P. Dec. 2, 2016) (9th Circuit, Dec 02,2016) Not Published
Case Status:
Affirmed
Ruling:

A prepetition assignment of accounts receivable ordered by a California Superior Court under Cal. Civ. Code section 708.510 was effective to remove the accounts from the debtor’s...

Judge(s):
Randall B. Dunn, Bankruptcy Judge for the District of Oregon sitting by designation, and Ralph B. Kirscher and Robert J. Faris, Bankruptcy Appellate Panel Judges
Tag(s):

Bustos v. Molasky (In re Molasky)

Citation:
14-60080 (9th Circuit, Nov 17,2016) Published
Case Status:
Reversed
Ruling:

Dismissal of § 523 complaint due to lack of prosecution, after bankruptcy court had allowed intervention by creditor to prosecute the same § 523 claims, did not mean that intervenor's claims...

Judge(s):
Sidney R. Thomas, Chief Judge, and Ronald Lee Gilman and Michelle T. Friedland, Circuit Judges
Tag(s):

McCray v. Wells Fargo Bank, N.A.

Citation:
16-1415 (4th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

 The Fourth Circuit Court of Appeals upheld the bankruptcy court's dismissal of the debtor's adversary proceeding on the grounds that because the claims asserted in the adversary proceeding...

Judge(s):
Before Motz, Wynn, and Floyd, Circuit Judges
Tag(s):

Metropolitan Estates, Inc. v. Emmons-Sheepshead Bay Devel., LLC (In re Emmons-Sheepshead Bay Devel.

Citation:
15‐3844‐bk (2nd Circuit, Dec 06,2016) Not Published
Case Status:
Affirmed
Ruling:

Court affirmed orders a.) dismissing adversary proceeding under F.R.C.P. 12(b)(6) for not stating a claim to revoke confirmation, 11 U.S.C. 1144; and b) denying motion to vacate, alter or...

Judge(s):
JOHN M. WALKER, JR., ROBERT D. SACK, DENNY CHIN
Tag(s):

Yagman v. Kittay (In re Yagman)

Citation:
United States Court of Appeals for the Second Circuit; Case No. 16-57 (2nd Circuit, Dec 01,2016) Not Published
Case Status:
Affirmed
Ruling:
RULING BY SUMMARY ORDER (DOES NOT HAVE PRECEDENTIAL EFFECT). United States Court of Appeals for the Second Circuit held that the district court properly dismissed a Chapter 7 debtors' appeal for...
Judge(s):
DENNIS JACOBS, ROSEMARY S. POOLER, Circuit Judges, and GEOFFREY W. CRAWFORD, District Judge (sitting by designation)
Tag(s):

Blixseth v. Brown (In re Yellowstone Mountain Club, LLC)

Citation:
14-35363 (9th Circuit, Nov 28,2016) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:

The Barton doctrine, which requires permission of the bankruptcy court to sue a bankruptcy trustee in any court other than the bankruptcy court, applies to actions against members...

Judge(s):
Kozinski, Paez and Berzon
Tag(s):

Delaware Trust Co. v. Energy Future Intermediate Holding Co. LLC (In re Energy Future Holdings Corp.

Citation:
16-1351 (3rd Circuit, Nov 17,2016) Published
Case Status:
Reversed and Remanded
Ruling:

Provision in loan indenture calling for a redemption premium is enforceable after the debt is accelerated due to a bankruptcy filing and the debtor, during the bankruptcy proceeding, opts to...

Judge(s):
Ambro, Smith and Fisher
Tag(s):

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