Bankruptcy court's denial of a motion for relief from stay and granting of a Chapter 7 trustee's motion objecting to a proof of claim were both affirmed by the Bankruptcy Appellate Panel (BAP) as...
Judge(s):
Bankruptcy Appellate Panel Judges Harrison (author), Humphrey and Preston
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.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
10 years 9 months ago
Citation:
9th Cir. No. 13-15432 (June 12, 2015)
Ruling:
Chapter 7 trustee must obtain a court order authorizing the payment of federal income taxes as an administrative expense under § 503(b), after notice to creditors. Creditors' objection to Final...
Judge(s):
J. Clifford Wallace, Milan D. Smith, Jr., and Paul J. Watford, Circuit Judges.
Chapter 13 Debtors lacked standing to assert claims against lenders and loan servicer defendants based on alleged violations of a home mortgage trust’s pooling and servicing agreement.
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 9 months ago
Citation:
Fifth Circuit
Ruling:
In an unpublished opinion, the Fifth Circuit ruled that an appeal of the Bankruptcy Court's order approving a sale of assets under 11 USC Section 363 was moot. The appellant had not obtained a stay...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 9 months ago
Citation:
Fifth Circuit No. 14-40762
Ruling:
The Fifth Circuit ruled that a professional negligence claim that accrued during the pendency of the debtors' Chapter 11 case was property of the Chapter 7 estate when the Chapter 11 case...
Ruling against the United Auto Workers (UAW) and in favor of GM, the Sixth Circuit held the 2009 Retiree Settlement Agreement (2009 RSA) extinguished an obligation for New GM to pay $450 million...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 10 months ago
Citation:
In the Matter of American Housing Foundation; Fifth Circuit; No. 14-10563
Ruling:
In a complex factual setting, where the transactions were poorly documented, the Appellant Templeton "invested" over $2million in limited partnerships that were affiliates of the Debtor. The...
9th Cir. Bankruptcy Appellate Case No. CC-14-1362-TaDPa (May 5, 2015)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") ruled that a bankruptcy court may relay on the issue preclusion effect of an existing state court judgment; however, the bankruptcy court must...
