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Bank of America v. Caulkett

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 11 years 11 months ago
Citation:
D.C. Docket No. 6:14-cv-00078-GAP; 6:13-bk-05337-KSJ
Ruling:
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
Judge(s):
Marcus, Pryor, Edmondson, Circuit Judges
Tag(s):

Robinson v. American Home Mortgage Servicing, Inc. (In re Mortgage Electronic Registration Systems, Inc.)

  • Summarized by Lovee Sarenas , Sklar Hirsh
  • 11 years 11 months ago
Citation:
not available as of yet. cite as: Robinson v. Am. Home Mortg. Servicing, Inc. (In re Mortg. Elec. Registration Sys.), 2014 U.S. App. LEXIS 10934 (9th Cir. Ariz. June 12, 2014)
Ruling:
With the exception of Count I, which sought damages under Arizona's false documents statute, the Ninth Circuit upheld the dismissal of all causes of action on appeal that were raised in the...
Judge(s):
Circuit Judges A. Wallace Tashima, William A. Fletcher, and Jacqueline H. Nguyen.
Tag(s):

Crouser v. BAC Home Loans Servicing, LP

Citation:
Crouser v. BAC Home Loans Servicing, LP (In re Crouser), Case No. 13-14304 (11th Cir. June 6, 2014) (unpublished) (per curiam).
Ruling:
The Eleventh Circuit held that settlement proceeds derived from the post-confirmation settlement of claims against the debtor's mortgagor for violation of the automatic stay were property of his...
Judge(s):
Wilson, Pryor and Anderson, Circuit Judges.
Tag(s):

DeGiacomo v. Traverse (In re Traverse)

  • Summarized by Guy Moss ,
  • 12 years 6 days ago
Citation:
United States Court of Appeals for the First Circuit, No. 13-9002 (May 23, 2014)
Ruling:
Reversing the lower courts, the First Circuit concluded that when an undefaulted mortgage lien is avoided and preserved for the benefit of the Estate under Code sec. 551, and when the value of the...
Judge(s):
Torruella, Howard and Kayatta
Tag(s):

Bullard v. Hyde Park Savings Bank (In re Bullard)

  • Summarized by William Amann , Amann Burnett, PLLC
  • 12 years 2 weeks ago
Citation:
U.S.C.A., 1st Cir., No. 13-9009
Ruling:
An intermediate appellate court's affirmance of a bankruptcy court's denial of confirmation of a reorganization plan is not a final order appealable under § 158(d)(1) so long as the debtor...
Judge(s):
Thompson, Stahl and Kayatta
Tag(s):

Brooks v. Chase Bank USA

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 12 years 2 weeks ago
Citation:
13-13538 (Unpublished)
Ruling:
Reversal of District Court decision reversing Bankruptcy Court and remand for determination of attorneys' fees. Bankruptcy Court did not abuse its discretion when it refused to allow bank to...
Judge(s):
WILSON, JORDAN, and ROTHSTEIN (District Judge sitting by designation)
Tag(s):

Lodge v. Kondaur Capital Corporation

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 12 years 3 weeks ago
Citation:
13-10919; D.C. Docket No. 1:10-cv-00736-WCO (May 8, 2014)
Ruling:
The Court of Appeals for the 11th Circuit affirmed the district court's orders granting summary judgment in favor of Defendants. The Circuit Court held that emotional distress damages fall...
Judge(s):
Hull, Black and Walter
Tag(s):

Stout v. Marshack (In re Stout)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 3 weeks ago
Citation:
BAP Nos. CC-13-1045-DKiTa and CC-13-1257-DKiTa
Ruling:
The Ninth Circuit BAP affirmed that Bankruptcy Court’s decision that Delores’ security interest through filing of a UCC-1 financing statement on May 27, 2009 constituted a transfer within 1...
Judge(s):
Honorable Dunn, Kirscher, and Taylor
Tag(s):

Muth v. Muth (In re Muth)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 3 weeks ago
Citation:
Muth v. Muth (In re Muth) 10 Cir. B.A.P., CO-13-055 (May 1, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 10th Circuit Bankruptcy Appellate Panel Affirmed the ruling by the Bankruptcy Court that dismissed the debtor's chapter 11 case and the award of attorney's fees to...
Judge(s):
THURMAN, Chief Judge, CORNISH, and MICHAEL, Bankruptcy Judges.
Tag(s):

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