Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 5 months ago
Citation:
In re Carpenter, No. MT-14-1499-KlPaJu (9th Cir. B.A.P. Nov. 18, 2015).
Ruling:
An individual debtor’s liability for unpaid Montana corporate unemployment taxes less than three years old is entitled to priority under 507(a)(8)(E).
Judge(s):
Jim D. Pappas and Meredith A. Jury, Bankruptcy Judges, and Christopher M. Klein, United States Bankruptcy Judge for the Eastern District of California, sitting by designation. Opinion by Judge Klein.
There are three components necessary for constitutional standing, which include (1) injury in fact (2) causation and (3) redressability. The Ninth Circuit Bankruptcy Appellate Panel ("BAP")...
GL3B Trust, et al. v. First Citizens Bank & Trust Co., et al. (In re Autterson), Case Nos. CO-14-063, CO-14-064 (BAP 10th Cir. November 6, 2015). Unpublished.
Ruling:
Waiver can be express or, if clear and unambiguous conduct is present, implied and debtor’s conduct in ignoring the terms of the loan documents, as both lenders’ representatives and borrow,...
GL3B Trust II, et al. v. First Citizens Bank & Trust Company, et al. (In re Autterson), BAP No.CO-14-063 & BAP No.CO-14-064 (BAP 10th Cir. Nov. 6, 2015)
Ruling:
The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court (D. Colo.) granting in part a creditors' objection and reducing the allowed amount of two claims scheduled as undisputed by...
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 7 months ago
Citation:
CTA5 No. 15-40321
Ruling:
Because Texas Property Code section 52.042 did not affect the lienholder's status until after the bankruptcy, and must be read in conjunction with section 52.043, which creates an exception for...
James Sahagun and Gerardo Garcia v. Landmark Fence Company, Inc. (In re Landmark Fence Company, Inc.) --- F.3d --- (9th C.A. September 11, 2015)
Ruling:
Pursuant to Fed.R.App.P., Rule 34(a)(2), the Ninth Circuit Court of Appeal Panel unanimously agreed this case was suitable for decision without oral argument. Based on prior case law in the Ninth...
Judge(s):
Stephen Reinhardt, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges
Avila v. CitiMortgage, Incorporated, Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling:
(1) A provision in a mortgage contract that places the proceeds from a homeowner’s insurance claim with the lender during repair and restoration does not create a fiduciary relationship between...
Bank held a 2nd position deed of trust and filed a secured proof of claim. It later became clear the lien had no value, and it was a solvent estate. The Bank made a motion under § 506(a) seeking...
