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Yerian v. Webber (In re: Verian)

Summarizing by Kathleen DiSanto

Park Restoration, LLV v. Erie Insurance Exchange (In re The Trustees of Conneaut Lake Park, Inc.)

Citation:
16-2516 (3rd Circuit, May 02,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The United States District Court for the Western District of Pennsylvania erred when it held that a "named insured," as used in 40 Pa. State. § 638, only includes that who own a structure and are...
Judge(s):
Fisher, Hardiman, and Greenaway, Jr.
Tag(s):

Caldwell-Blow v. Wells Fargo Bank, N.A. (In the Matter of Caldwell-Blow)

Citation:
16-40997 (5th Circuit, Apr 25,2017) Not Published
Case Status:
Affirmed
Ruling:
Despite mortgage lender's initial notice of acceleration in 2007, lender's subsequent actions--including a 2012 lawsuit in state court, 2013 proof of claim in bankruptcy, and ultimate...
Judge(s):
Per curiam (Higginbotham, Prado and Haynes)
Tag(s):

Mastan v. Salamon (In re Salamon)

Citation:
No. 15-60031 (9th Circuit, Apr 20,2017) Published
Case Status:
Affirmed
Ruling:
9th Circuit affirmed BAP ruling affirming bankruptcy court's order disallowing deficiency claim following non-judicial foreclosure. Out of bankruptcy foreclosure extinguished creditor's lien, and...
Judge(s):
Schroeder, Davis, Murguia
Tag(s):

Medical Lien Management, Inc. v. Dampier, Jr. (In re Dampier, Jr.)

Citation:
BAP No. CO-16-020 (10th Circuit, Apr 11,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) entry of summary judgment declaring criminal restitution obligation nondischargeable under 523(a)(7). While 523(a)(7) excepts debt other than...
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

PNC Bank v. Sterba

Citation:
No. 14-60061 (9th Circuit, Apr 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed BAP's reversal of N.D. Cal. bankruptcy court's ruling that a creditor's claim was timely. Notwithstanding California forum for bankruptcy, under bankruptcy common law, federal...
Judge(s):
Tashima, Smith, Korman
Tag(s):

Kipp Flores Architects, L.L.C. v. Mid-Continent Casualty Co.

Citation:
16-20255 (5th Circuit, Mar 24,2017) Published
Case Status:
Affirmed
Ruling:
In a "no asset" chapter 7 case, a filed proof of claim is not res judicata in other litigation, despite the "deemed allowed" language in 11 USC 502(a). "The Bankruptcy Rules plainly contemplate...
Judge(s):
JONES, BARKSDALE, and COSTA
Tag(s):

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

Citation:
No. 16-2221 (3rd Circuit, Mar 27,2017) Not Published
Case Status:
Affirmed
Ruling:
The United States Court of Appeals for the Third Circuit affirmed two orders of the United States District Court for the District of New Jersey affirming on appeal an order of the United States...
Judge(s):
Restrepo, Scirica, and Fisher, Circuit Judges
Tag(s):

Encanto Restaurants, Inc. v. Vidal, et al

Citation:
Bankruptcy Case Nos. 12-08567-MCF & 12-08570-MCF (Consolidated) , Adv. Pro. No. 14-00030-MCF, BAP No. PR 16-034 (1st Circuit, Mar 21,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Encanto lacks standing to pursue an appeal from the June 2016 Order and the Judgment to the extent that those rulings denied Encanto’s requests for relief for alleged violations of § 362’s...
Judge(s):
Bankruptcy Judge Mildred Caban Flores, BAP Judges: Bailey, Harwood and Fagone
Tag(s):

Gugliuzza v. Federal Trade Commission (In re Gugliuzza)

Citation:
No. 15-55510 (9th Circuit, Mar 24,2017) Published
Case Status:
Dismissed
Ruling:
9th Circuit dismissed appeal, holding that it lacked jurisdiction to review district court's order, which reversed in part a bankruptcy court's grant of summary judgment against a bankruptcy debtor...
Judge(s):
Callahan, Bea, Ikuta
Tag(s):

Maxwell Real Estate Investment, LLC v. Liberty Asset Management Corp. (In re Asset Management Corp.)

Citation:
CC-16-1273-FCTa (9th Circuit, Mar 21,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court denying motion for relief from stay because movants did not need relief from stay to prosecute claim in bankruptcy court. While creditor...
Judge(s):
Faris, Clement, Taylor
Tag(s):

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