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Wayne Lyle, et al v. Fulcrum Loan Holdings, LLC, et al

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Smith v. SA Challenger, Inc. (In re West Coast Real Estate & Mortgage Inc.)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 12 years 10 months ago
Citation:
Smith v. SA Challenger, Inc. (In re West Coast Real Estate & Mortgage Inc.), B.A.P. Nos. EC-12-1471, EC-12-1485, EC-12-1493, EC-12-1498 (9th Cir. B.A.P., May 23, 2013) (Not for Publication)
Ruling:
In an unpublished decision, the Bankruptcy Appellate Panel for the Ninth Circuit vacated and remanded orders of the Bankruptcy Court granting sanctions against the Chapter 11 debtor and certain...
Judge(s):
Jury, Markell and Dunn, Bankruptcy Judges
Tag(s):

In re Marroquin

  • Summarized by Lovee Sarenas , Sklar Hirsh
  • 12 years 10 months ago
Citation:
Unpublished opinion
Ruling:
The Bankruptcy Appellate Panel, in a 2-1 vote, ruled that it had no jurisdiction to rule on the appeal and therefore, dismissed the appeal.
Judge(s):
Appeal from a decision by the Hon. Vincent Zurzolo. Before bankruptcy appellate panel judges Dennis Montali, Bruce Markell and Laura Taylor.
Tag(s):

Sharma v. Salcido (In re Sharma)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 10 months ago
Citation:
BAP Nos. CC-12-1302 and CC-12-1520 (entered May 14, 2013) (Unpublished)
Ruling:
Bankruptcy Court did not commit reversible error when determining the issue of liability under 11 U.S.C. Sec. 523(a)(2)(A) without a hearing since the Court found sufficient evidence in Complaint's...
Judge(s):
Markell, Taylor, Montali (9th Cir. BAP)
Tag(s):

Soto v. Doral Bank (In re Soto)

  • Summarized by Samuel Mushell , Americans United for Government Reform
  • 12 years 10 months ago
Citation:
BAP NO. PR 12-075
Ruling:
The Bankruptcy Appellate Panel for the First Circuit ("B.A.P.") affirmed the Bankruptcy Court of Puerto Rico's decision to dismiss the debtors' Chapter 13 petition because the debtors did not...
Judge(s):
Haines, Feeney, Hoffman
Tag(s):

Fisher Island Ltd. v. Fisher Island Investments, Inc.

Citation:
Fisher Island Ltd. v. Fisher Island Invs., Case No. 12-13045 (11th Cir. May 1, 2013) (unpublished).
Ruling:
Affirming the district court, the Eleventh Circuit Court of Appeals held the district court properly dismissed an appeal from the bankruptcy court for lack of standing.
Judge(s):
Marcus, Hill, and Siler, Circuit Judges
Tag(s):

Owens v. GMAC Mortgage, LLC (In re Owens)

  • Summarized by Jennifer Kimble , Eversheds Sutherland LLP
  • 12 years 10 months ago
Citation:
Owens v. GMAC Mortgage, LLC (In re Owens), Case No.12-15142 (11th Cir. April 29, 2013) (unpublished) (per curiam)
Ruling:
If an appellant intends to urge on appeal that a finding or conclusion is unsupported by evidence or is contrary to the evidence, the appellant must include in the record a transcript of all...
Judge(s):
Tjoflat, Pryor and Kravitch
Tag(s):

Pillar Capital Holdings, LLC v. Williams (In re Living Hope Southwest Medical Services, LLC)

Citation:
Case No. 12-2044 (8th. Cir. Court of Appeals - Western District of Arkansas) (April 26, 2013 - Unpublished)
Ruling:
AFFIRMING the judgment of the bankruptcy court and district court that post-petition payments to creditor-insider was a transfer avoidable by the chapter 7 trustee.
Judge(s):
Smith, Beam and Gruender.
Tag(s):

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

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 12 years 10 months ago
Citation:
BAP No. EC-11-1669 (9th Cir. BAP) (entered April 23, 2013)
Ruling:
BAP affirmed dismissal without leave to amend of the Debtor's adversary complaint seeking to enjoin Bank of America from foreclosing on the Debtor's residence. The BAP held that the Debtor lacked...
Judge(s):
Markell, Dunn, Jury
Tag(s):

Smyth v. Simeon Land Development, L.L.C. (In re Escarent Entities, L.P.)

  • Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
  • 12 years 11 months ago
Citation:
In the Matter of Escarent Entities, LP/ Smyth v Simeon Land Development, LLC et.al., Case No. 12-50297 (5th Cir. 2013)UNPUBLISHED
Ruling:
Following In re Gilchrist, 891 F. 2d 559, 560, the Circuit Court affirmed the District Court's holding that the appeal of a sale order of the Bankruptcy Court was moot as Appellant had not obtained...
Judge(s):
DeMoss, Owen and Haynes. Judge Haynes concurred in the judgment only.
Tag(s):

Roth v. Educational Credit Management Corp. (In re Roth)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 11 months ago
Citation:
9th Cir. BAP Case No. AZ-11-1233RnPaKi; Adv. No. 2:10-ap-0764-RJH
Ruling:
The Ninth Circuit BAP REVERSED the Bankruptcy Court's ruling that the Debtor's student loans were non-dischargeable and REMANDED the case to the Bankruptcy Court for purposes of entering a judgment...
Judge(s):
Hon. Thomas M. Renn (sitting by designation); Hon. Jim D. Pappas; and Hon. Ralph B. Kirscher.
Tag(s):

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