In re: ARMIN DIRK VAN DAMME

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 9 months ago

Citation:

BAP No. NV-22-1175-GCB (9th Circuit, Apr 12,2023) Not Published

Case Status:

Affirmed

Ruling:

Under the principles of claim preclusion, a prior Rule 12(b)(6) dismissal of the debtor's claims by the United States District Court precluded the debtor from reasserting the same claims in...

Judge(s):

GAN, CORBIT, and BRAND, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• 7012 (Rule 12(b)(6))

Litton Loan Servicing, L.P. v. Dennis Schubert

• Summarized by Benjamin Fischer , Klehr Harrison Harvey Branzburg LLP
• 1 year 9 months ago

Citation:

21-3969, 21-3983 (6th Circuit, Mar 28,2023) Not Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit affirmed an order of the bankruptcy court, holding that several mortgage lenders had standing to appeal but failed to meet the person-aggrieved test because they lacked a direct...

Judge(s):

Amul Thapar; Karen Nelson Moore; and Joan Larsen

Tag(s):

• 6th Circuit
• Claims
• Venue/Jurisdiction
• Consumer Bankruptcy
• Consumer Debt
• Mortgage

Wendy Adelson v. Ocwen Loan Servicing, LLC

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 11 months ago

Citation:

22-2204 & 21-2972 (6th Circuit, Jan 31,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Eastern District of Michigan (DC) that affirmed the dismissal of the claims of...

Judge(s):

John B. Nalbandian; Karen N. Moore; and Eric L. Clay

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Finance and Banking

In re: JOSE HUMBERTO AGUILAR GALVAN

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 11 months ago

Citation:

BAP No. CC-22-1106-LCF (9th Circuit, Jan 30,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in granting a creditor in rem relief from the automatic stay under 11 USC § 362(d)(4)....

Judge(s):

LAFFERTY, CORBIT, and FARIS

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Consumer Bankruptcy
• Mortgage
• Real Estate
• 11 USC 362(d)(4)

In Re: JUDITH LACY BOZEMAN

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 12 months ago

Citation:

21-10987 (11th Circuit, Jan 10,2023) Published

Case Status:

Reversed and Rendered

Ruling:

A mortgage lien survives confirmation and consummation of a chapter 13 plan, notwithstanding anything to the contrary in the plan. Sidestepping the problem created by the confirmation of a plan...

Judge(s):

ROSENBAUM and TJOFLAT, Circuit Judges, and MOODY, District Judge

Tag(s):

• 11th Circuit
• Personal Bankruptcy Topics
• Mortgage
• 1322(b)(2)
• 1327

Azby Fund v. Wadsworth Estates

• Summarized by Timothy Byrd , McGlinchey Stafford, PLLC
• 2 years 3 weeks ago

Citation:

No. 22-30092 (5th Circuit, Dec 12,2022) Not Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit affirmed the district court's ruling that a debtor in possession had prudential standing to contest the creditor's §506(b) motion. Also, the Fifth Circuit upheld the district...

Judge(s):

Judge Patrick E. Higginbotham, Judge Stuart Kyle Duncan, and Judge Kurt D. Engelhardt

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Mortgage
• Lender Liability
• Real Estate
• 11 U.S.C. § 506
• 11 U.S.C. § 704

Melissa Monday-West v. Wells Fargo Bank, N.A

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 2 years 1 month ago

Citation:

20-6381 (6th Circuit, Nov 09,2022) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Sixth Circuit affirmed a district court's dismissal of tort claims under Kentucky law against Wells Fargo Bank, N.A. related to its wrongful denial of requests for...

Judge(s):

BOGGS, LARSEN, and DAVIS

Tag(s):

• 6th Circuit
• Fraud
• Consumer Bankruptcy
• Consumer Debt
• Mortgage

In re: MONTE L. MASINGALE (Deceased) and ROSANA D. MASINGALE

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 2 months ago

Citation:

EW-22-1016-FLB (9th Circuit, Nov 02,2022) Published

Case Status:

Reversed and Remanded

Ruling:

Publishing to explain the effect of a “100% of FMV” exemption claim and to reiterate that parties must timely object to any improper exemption claim despite its frivolity, the U.S. Bankruptcy...

Judge(s):

Robert J. Faris; William J. Lafferty; and Julia W. Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Finance and Banking
• Real Estate
• Fed. R. Bankr. P. 4003(b)(1); Fed. R. Bankr. P. 1019(2)(B)(i); Fed. R. Bankr. P. 9011
• 11 U.S.C. § 348(a); 11 U.S.C. § 363(m); 11 U.S.C. § 522(d); 11 U.S.C. § 522(l); 11 U.S.C. § 727(a)(4)(B)

In re: MARILYN THERESA PAVENTY

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 2 years 2 months ago

Citation:

BAP No. EC-21-1159-SLB (9th Circuit, Oct 28,2022) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit found a bankruptcy court did not abuse its discretion in denying a chapter 13 debtor's motion to reconsider an order denying her contempt motion....

Judge(s):

Brand, Lafferty, and Spraker (dissenting)

Tag(s):

• 9th Circuit
• Plan Confirmation
• Practice and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Mortgage
• Fed. R. Civ. P. 9023
• 11 USC § 524
• 11 USC § 1322
• 11 U.S.C. § 1327
• 11 U.S.C. § 1328

In re TRIANGLE CAYMAN ASSET COMPANY

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 2 months ago

Citation:

19-1251, 19-1786, 20-1284 (1st Circuit, Oct 24,2022) Published

Case Status:

Affirmed

Ruling:

In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...

Judge(s):

Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Court Administration
• Financial Advisors
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• International Insolvency
• Investment Banking
• Lender Liability
• Mass Torts
• Municipal Bankruptcy
• Public Companies and Claims Trading
• Puerto Rico
• Real Estate
• Retail
• Small Business
• Turnaround Issues

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