Sprague v. Williams (In re van Winkle)

Citation:
BAP Nos. NM-17-031, 17-032, 17-033 (10th Circuit, Apr 03,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 10th Circuit affirmed in part, reversed in part, and remanded bankruptcy court's (D. NM) order denying defendants' motion to dismiss and entering judgment in favor of plaintiff. BAP ruled...
Judge(s):
Karlin, Nugent, Mosier
Tag(s):

Aniel v. ResCap Borrower Claims Trust (In re Residential Capital LLC

Citation:
17-1163-bk (2nd Circuit, Apr 04,2018) Not Published
Case Status:
Affirmed
Ruling:
The Second Circuit affirmed the judgment of the district court and bankruptcy court orders disallowing appellants claims.
Judge(s):
Robert D. Sack, Peter W. Hall, Christopher F. Droney
Tag(s):

Burkhart v. Grigsby

Citation:
16-1971 (4th Circuit, Mar 29,2018) Published
Case Status:
Reversed
Ruling:
A chapter 13 debtor may strip down a creditor’s undersecured (or fully underwater) lien whether or not that creditor filed a proof claim, and this power arises under § 1322(b), and not § ...
Judge(s):
King, Diaz, and Shedd
Tag(s):

Pittner v. Castle Peak 2011-1 Loan Trust

Citation:
MB 17-021 (1st Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated. On a...
Judge(s):
Godoy, Finkle, and Cary
Tag(s):

Harker v. PNC Mortgage Co.

Citation:
File Name: 18b0001p.06; No. 17-8005 (6th Circuit, Feb 06,2018) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the decision of the bankruptcy court that: (i) a trustee's avoidance power as a hypothetical lien creditor pursuant to Sec. 544(a)(1) is not...
Judge(s):
Harrison, Opperman and Wise, Bankruptcy Appellate Judges.
Tag(s):

Smith v. IH4 Property West LP (In re Smith)

Citation:
BAP No. CC-16-1414-FLKu (9th Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) denying chapter 13 debtor's motion for damages against creditor based on violation of automatic stay. BAP ruled that creditor deed...
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

CIT Bank, N.A. v Ryan (In re Ryan)

Citation:
HI-16-1391-TaLB (9th Circuit, Jan 04,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Circuit reversed and remanded ruling of bankruptcy court (D. Hawaii) after bankruptcy court entered order approving of chapter 7 debtors' revised statement of intention regarding real...
Judge(s):
Taylor, Lafferty, Brand
Tag(s):

Gustavia Home, LLC v. Rutty

Citation:
17-345 (2nd Circuit, Dec 21,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
In a summary order, the Second Circuit Court of Appeals vacated the district court’s February 1, 2017 judgment, and remanded for further proceedings. The Second Circuit held that summary judgment...
Judge(s):
The Honorable Guido Calabresi; The Honorable Richard C. Wesley; and The Honorable Denny Chin
Tag(s):

Silver v. Rescap Borrower Claims Trust (In re Residental Capital, Inc.)

Citation:
No.16-1273-bk (2nd Circuit, Oct 11,2017) Not Published
Case Status:
Affirmed
Ruling:
Circuit Court affirmed the District Court's affirmance of decisions by the U.S. Bankruptcy Court for the Southern District of New York (1) disallowing the claim the pro se debtor lodged with ResCap...
Judge(s):
Hon. Robert D. Stack; Hon. Reena Raggi; Hon. Susan L. Carney.
Tag(s):

Boyd v. Rescap Borrower Claims Trust (In re Residential Capital, LLC)

Citation:
16-2950-bk (2nd Circuit, Oct 04,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court had jurisdiction to disallow a claim that was based on the same claims that had been the subject of litigation outside of bankruptcy. Claims allowance is a core proceeding, and...
Judge(s):
Chin, Droney, Restani
Tag(s):

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