Summarized by Stephen Starks , Phelan Hallinan Diamond & Jones PLLC
12 years 6 months ago
Citation:
Greg F. Colbourne v. Ocwen 12-14722(11th Cir Oct, 2013) (unpublished)(per curiam)
Ruling:
Circuit Court affirmed bankruptcy court ruling that because Debtor ineligible for a Chapter 13 discharge he could not cram down the value on first-priority liens on investment properties in his...
In the unpublished decision, the BAP affirmed the bankruptcy court’s order denying his motion for leave to file a late proof of claim (POC) and a complaint for 11 U.S.C. § 523...
Affirmed. Restating the general rule, the Eighth Circuit observed that “[a] showing of fraud in the abstract is not sufficient” to obtain revocation of discharge under § 727(d)(1); “rather...
The Court of Appeals upheld the trial verdict that Debtor-brother's discharge should be vacated. First, the Court found the bankruptcy court could rely on the same evidence to establish both a...
Pennington-Thurman v. Bank of America, N.A., No. 13-6023 (October 21, 2013)
Ruling:
The BAP affirmed the bankruptcy court's conclusion that the debtor's allegations against her mortgage lender were without merit and, therefore, it did not abuse its discretion in denying the...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
12 years 6 months ago
Citation:
Bershadskiy v. Rodeo Realty, Inc. (In re Bershadskiy), No. CC-12-1452-TaKuKi (9th Cir. B.A.P. Oct. 15, 2013)
Ruling:
According to this not-for-publication decision of the 9th Circuit B.A.P., if a debtor sells real property after canceling a listing agreement and without disclosing the sale to the broker, the...
Judge(s):
Laura S. Taylor, Frank L. Kurtz, and Ralph B. Kirscher, Bankruptcy Judges.
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
12 years 6 months ago
Citation:
Grogan v. Harvest Capital Company, et al. (In re Grogan), B.A.P. No. OR-12-1483 (9th Cir. B.A.P., October 15, 2013) (Not for Publication)
Ruling:
In an unpublished decision, the Bankruptcy Appellate Panel of the Ninth Circuit affirmed the entry of partial judgment by the Bankruptcy Court, construing the Appellees' security agreements as...
BAP No. CO-12-106 (10th Cir. B.A.P. October 15, 2011).
Ruling:
Concluding that it was proper to reverse and remand a bankruptcy court decision based on an intervening change in the applicable legal standard, the Bankruptcy Appellate Panel reversed and remanded...
