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MacKenzie v. Neidorf (In re Neidorf)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 9 months ago
Citation:
In re Neidorf, BAP No. AZ-14-1496-JuKiPa (9th Cir. B.A.P. July 10, 2015).
Ruling:
A national-mortgage-settlement payment paid to a chapter 7 debtor after the petition date was property of the debtor, not the estate.
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Jim D. Pappas, Bankruptcy Judges.
Tag(s):

Gatewood v. CP Medical, LLC (In re Gatewood)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 10 years 9 months ago
Citation:
Gatewood v. CP Medical, LLC (In re Gatewood), Case No. 15-6008 (B.A.P. 8th Cir. July 10, 2015)
Ruling:
The filing of an accurate proof of claim for a time-barred debt containing all required information, including the timing of the debt, standing alone, is not a prohibited debt collection practice...
Judge(s):
Kressel, Saladino, and Shodeen, Bankruptcy Judges
Tag(s):

Jones v. Dancel

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 10 years 10 months ago
Citation:
14-2160; 4th Cir. July 6, 2015
Ruling:
In a unanimous decision, a three judge panel of the United States Court of Appeals for the Fourth Circuit confirmed that judicial review of arbitration awards is “severely circumscribed” and...
Judge(s):
Judge Keenan wrote the opinion in which Chief Judge Traxler and Judge Gregory joined.
Tag(s):

Christie v. The Bank of New York Mellon

  • Summarized by David Shemano , ShemanoLaw
  • 10 years 10 months ago
Citation:
Ninth Circuit Court of Appeals, No. 14-55012 (June 11, 2015)
Ruling:
Plaintiff did not have standing to challenge assignees' enforcement of a promissory note and deed of trust because of alleged irregularities in connection with the assignment of the promissory note...
Judge(s):
Lipez, Wardlaw and Murguia
Tag(s):

Young v. Young (In re Young)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 10 years 10 months ago
Citation:
2015 WL 3756720
Ruling:
Eighth Circuit affirmed bankruptcy court's imposition of sanctions on debtor's counsel for mischaracterizing post-petition alimony as pre-petition and for certifying that the debtor was current on...
Judge(s):
Loken, Melloy, and Gruender
Tag(s):

Mbaku, et al. v. Bank of America, et al.

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 10 months ago
Citation:
Mbaku, et al. v. Bank of America, et al., No. 14-1379 (10th Cir. 2015)
Ruling:
Tenth Circuit affirmed Rule 12 dismissal of pro se plaintiffs' due process, equal protection, and Colorado Fair Debt Procedures Collections Act (CFDPCA) claims asserted based on bank's foreclosure...
Judge(s):
Briscoe, McKay, Phillips
Tag(s):

Auyeung v. Christensen (In re Auyeung)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 10 months ago
Citation:
In re Auyeung, BAP No. EC-14-1382-JuKuPa (9th Cir. B.A.P. June 9, 2015).
Ruling:
Judicial estoppel barred chapter 13 debtors from avoiding a judicial lien on their homestead. In a prior chapter 13 case, they failed to comply with a confirmed plan requiring them to sell the...
Judge(s):
Meredith A. Jury, Frank L. Kurtz, and Jim D. Pappas, Bankruptcy Judges.
Tag(s):

Turner v. Wells Fargo Bank (In re Turner)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 10 years 11 months ago
Citation:
BAP No. NC-14-1139-KiTaD (June 2, 2015) (unpublished)
Ruling:
Chapter 13 Debtors lacked standing to assert claims against lenders and loan servicer defendants based on alleged violations of a home mortgage trust’s pooling and servicing agreement.
Judge(s):
KIRSCHER, TAYLOR and DUNN, Bankruptcy Judges.
Tag(s):

Rogers v. Bank of America

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 11 months ago
Citation:
Rogers v. Bank of America, N.A., et al., No. 14-2841 (8th Cir. June 1, 2015)
Ruling:
The 8th Circuit affirmed the ruling of the district court (D. Minn.) granting defendants' motion to dismiss. The 8th Circuit agreed that plaintiff lacked standing to seek declaratory judgment that...
Judge(s):
Wollman, Beam, Colloton
Tag(s):

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