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
11 years 1 week 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In an unpublished opinion, the Fifth Circuit ruled that an appeal of the Bankruptcy Court's order approving a sale of assets under 11 USC Section 363 was moot.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
11 years 1 week 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
11 years 3 weeks 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...
Summarized by Eric Madden , Reid Collins & Tsai LLP
11 years 1 month ago
Citation:
Wagner v. Wagner (In re William Philip Wagner), No. CO-13-043 (B.A.P. 10th Cir. 2015) (unpublished)
Ruling:
The Tenth Circuit Bankruptcy Appellate Panel determined that bankruptcy court's findings in support of its decision to deny the debtor's discharge were not clearly erroneous and, therefore,...
Judge(s):
Hon. William T. Thurman, Hon. Tom R. Cornish, and Hon. Robert H. Jacobvitz
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's summary judgment decision to revoke the debtor's discharge. Section 727(e) is a non-waivable statute of repose,...
CC-14-1365-KiKuD (9th Cir. BAP) April 6, 2015; Not for Publication
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling in part and vacated it in part. The BAP affirmed the denial of the Debtor's motion in relation to...
