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

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 10 years 9 months ago
Citation:
No. 14-12406; D.C. Docket No. 2:14-cv-00099-RWS; Bkcy. No. 13-bkc-23099-REB
Ruling:
In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien...
Judge(s):
Wilson, Rosenbaum, and Cox
Tag(s):

Heritage Bank v. Woodward (In re Woodward)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 10 years 9 months ago
Citation:
Heritage Bank v. Woodward (In re Woodward), Case No 15-6001 (8th Cir. B.A.P. August 13, 2015)
Ruling:
Creditor whose claim was allowed after litigation of an objection was an allowed claim for purposes of voting and plan confirmation and creditor could not argue that creditor was not a "creditor"...
Judge(s):
Federman, Schermer, and Shodeen
Tag(s):

Matteson v. Bank Of America (In re Matteson)

  • Summarized by Michael Coury , Glankler Brown, PLLC
  • 10 years 9 months ago
Citation:
15 FED App. 0006P (6th Cir. August 10, 2015)
Ruling:
The Bankruptcy Court erred in reducing mortgage balances by the amount the secured lender would have received under Chapter 13 plan had creditor filed proofs of claim. The Secured creditor's liens...
Judge(s):
Delk, Opperman and Preston
Tag(s):

Belser v. Nationstar Mortgage, LLC (In re Belser)

  • Summarized by Hale Lake , Hinshaw & Culbertson, LLP
  • 10 years 10 months ago
Citation:
Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
Ruling:
The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim...
Judge(s):
Hillman, Feeney, Finkle
Tag(s):

In re John Wilson

Citation:
In re John Wilson, Case No. 15­-1150 (7th Cir., Aug. 10, 2015)
Ruling:
Affirmed the judgment of the U.S. District Court for the Eastern District of Wisconsin; the 7th Circuit upheld the fee awarded to the chapter 7 trustee after it was challenged by a creditor.
Judge(s):
Posner, Easterbrook, and Sykes, Circuit Judges
Tag(s):

U.S.A. v. Williams

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 10 years 10 months ago
Citation:
13-2359 (7th Cir. August 10, 2015)
Ruling:
Affirmed. Judgment foreclosing a Federal Tax Lien and specifying how proceeds should be applied is "final and appealable" because it ends litigation and leaves nothing but execution of the...
Judge(s):
Cuday, Easterbrook, Rovner
Tag(s):

In re Ernest Ken Henry

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 10 years 10 months ago
Citation:
15 FED App 0005P (6th Cir.); File name: 15b0005p.06; Docket No. 15-8004
Ruling:
The Sixth Circuit BAP affirms the order of the bankruptcy court for the Southern District of Ohio dismissing the debtor's chapter 13 case, finding that the decisions to dismiss was not an abuse of...
Judge(s):
Delk, Harrison and Lloyd; opinion by Lloyd
Tag(s):

Lira v. Wells Fargo Bank (In re Lira)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 10 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1338-DKiBr (August 4, 2015) - Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling. The bankruptcy court correctly determined that Wells Fargo, N.A. had standing and at least a colorable claim to foreclose on...
Judge(s):
Honorable DUNN, KIRSCHER and BRANDT,3 Bankruptcy Judges.
Tag(s):

Pryor v. RW Investment Co., Inc. (In re Pryor)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 10 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1526-KiBrD (August 3, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Debtor's motion. There is a high burden on a party seeking relief from a judgment based on...
Judge(s):
KIRSCHER, BRANDT2 and DUNN, Bankruptcy Judges
Tag(s):

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