Nichols v. Align Western States Learning Corp. (In re Nichols), BAP No. AZ-12-1305 (9th Cir. BAP July 9, 2013)
Ruling:
(1) Debtors' due process rights were not violated by the bankruptcy court's prove-up procedure and subsequent oral ruling.
(2) Bankruptcy court did not err in finding that a student loan debt was...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
12 years 9 months ago
Citation:
(7th Cir., No. 12-3492)
Ruling:
Chapter 7 debtor cannot strip-off a wholly-unsecured mortgage. The Seventh Circuit distinguished the ability to strip-off wholly-unsecured mortgages in Chapter 13 because "[t]he strip-off right in...
A debtor lacks standing to set aside an order approving a trustee’s settlement of litigation when the debtor does not have a pecuniary interest in the litigation. To establish standing by way of...
The Ninth Circuit BAP AFFIRMED the Bankruptcy Court granting of relief from the automatic stay to permit a purchaser at foreclosure sale to pursue a forcible detainer action against the debtor in...
National City Mortgage v. Gordon (In re Bennett), No. 12-13239 (11th Cir. May 29, 2013)
Ruling:
On appeal, the Eleventh Circuit looked to Georgia law and found that a rider could not cure the defects involving attestation. The Eleventh Circuit also held that Georgia law dictated that a rider...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 11 months ago
Citation:
Staker v. Jubber (In re D. Staker) (10th Circuit Court of Appeals 12-4209 &12-4210 (2013))
Ruling:
In an objection to a claim filed pursuant to FRBP 3007, the objecting party is prohibited from requesting the court determine the validity, priority, or extent of lien or other interest in property...
Judge(s):
John C. Porfilio Senior Circuit Judge; Judge Kelly & Judge Holmes
REVERSED. The 8th Circuit BAP reversed the decision of Bankrupcy Court (W.D. Ark - Fayetteville) after the Bankruptcy Court dismissed creditors' 523(a)(6) complaint as being untimely. The BAP...
Judge(s):
8th Cir. BAP Panel Judges Saladino, Kressel, and Shodeen (Opinion by Thomas L. Saladino)
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 3 weeks ago
Citation:
No. CC-12-1398-KiPaTa (B.A.P. 9th Cir. April 11, 2013)
Ruling:
AFFIRMING the bankruptcy court's order (1) dismissing individual chapter 11 debtor's bankruptcy case and all pending adversary proceedings and (2) entering judgment in favor of the United States...
