United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. NV-14-1564-KiDJu
Ruling:
If an oversecured creditor is impaired under the plan, the creditor is presumptively entitled to interest at the contractual default rate from the petition date through the plan effective date if...
The bankruptcy court correctly denied Chapter 13 Debtor permission to re-litigate a dispute with Bank of America concerning chain of title issues with a residential deed of trust. The Debtor had a...
BAP No. SC-15-1222-FJuKi (BAP 9th Cir. Mar. 29, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) approving a settlement agreement, finding the bankruptcy court did not abuse its discretion in granting the...
Jepson v. Bank of New York Mellon (In re Jepson), Case No. 14-2459 (7th Cir. Mar. 22, 2016)
Ruling:
The Court of Appeals ruled that, under New York law, a debtor-homeowner, does not have standing to challenge the assignment of a note / mortgage based upon the lender's alleged failure to comply...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan
10 years 3 months ago
Citation:
No. 14-51079 Fifth Circuit Court of Appeals
Ruling:
Attorney could not be paid his fees and expenses allocable to an objecting PACA claimant as 7 U.S.C. § 499e(c)(2) requires that buyers of perishable agricultural commodities must hold receivables...
NOT FOR PUBLICATION - Slip Opinion Case No. 15-40864 (5th Cir. Mar. 7, 2016)
Ruling:
REVERSED and REMANDED district court's dismissal (as moot) of an appeal of an order allowing claims against the bankruptcy estate, finding that debtor was "person aggrieved" by the bankruptcy...
Since no final judgment or appealable order was entered by the Bankruptcy Court, the Court of Appeals lacks appellate jurisdiction to review the District Court’s decision.
Judge(s):
WOOD, Chief Judge, EASTERBROOK, Circuit Judge, and BRUCE, District Judge
Slater v. U.S. Steel Corp., No. 12-15548 (11th Cir. Feb. 24, 2016)
Ruling:
The ruling consists of 2 important parts: (i) a 32 page per curiam decision affirming the District Court and (ii) a 78 page concurrence by Judge Tjoflat encouraging the 11th Circuit to revisit...
Judge(s):
Tjoflat; Pryor; Scola (District Judge sitting by designation from the S.D. Fla.)
The Court of Appeals affirmed the District Court's reversal of the Bankruptcy Court's refusal to sanction the Debtor's exemption; concluding that the plain language of the Illinois personal...
