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Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 8 years 9 months ago
Citation:
No. 16-1681 (4th Circuit, Jun 12,2017) Published
Case Status:
Affirmed
Ruling:
As to the threshold requirements of Rule 60(b), the court found that Wells failed to timely file its motion and that granting relief to Wells would prejudice the bona fide purchaser at the...
Judge(s):
Before Judges Niemeyer, King, and Duncan, Circuit Judges.
Tag(s):

In re Ross

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 8 years 9 months ago
Citation:
No. 15-2222 (In re Ross, 2017 U.S. App. LEXIS 10236 (3d Cir. Pa. June 8, 2017) (3rd Circuit, Jun 06,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court has the general authority to impose a filing injunction after a chapter 13 debtor moves for voluntary dismissal under 11 U.S.C.S. § 1307(b). However, the injunction imposed...
Judge(s):
VANASKIE, KRAUSE, and NYGAARD
Tag(s):

In re: JEFFREY KENT GRACY

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 9 months ago
Citation:
16-3281 (10th Circuit, May 24,2017) Not Published
Case Status:
Affirmed
Ruling:
The Kansas Manufactured Home Act is not the exclusive means for determining when a mobile home is a fixture for purposes of the attachment of a security interest and courts are free to also look at...
Judge(s):
Briscoe, Holmes, Phillips
Tag(s):

Town Center Flats, LLC v. ECP Commercial II LLC (In re Town Center Flats, LLC)

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 8 years 10 months ago
Citation:
Case No. 16-1812, 2017 WL 1573827 (6th Circuit, May 02,2017) Published
Case Status:
Reversed
Ruling:
Assignment of Rents conveys ownership of rents to assignee upon default. Debtor has no interest in rents after default, and rents are not property of Debtor's estate in subsequent Chapter 11...
Judge(s):
Clay, Gibbons and Stranch (on brief for the Court)
Tag(s):

Caldwell-Blow v. Wells Fargo Bank, N.A. (In the Matter of Caldwell-Blow)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 8 years 10 months ago
Citation:
16-40997 (5th Circuit, Apr 25,2017) Not Published
Case Status:
Affirmed
Ruling:
Despite mortgage lender's initial notice of acceleration in 2007, lender's subsequent actions--including a 2012 lawsuit in state court, 2013 proof of claim in bankruptcy, and ultimate...
Judge(s):
Per curiam (Higginbotham, Prado and Haynes)
Tag(s):

Mastan v. Salamon (In re Salamon)

  • Summarized by ,
  • 8 years 10 months ago
Citation:
No. 15-60031 (9th Circuit, Apr 20,2017) Published
Case Status:
Affirmed
Ruling:
9th Circuit affirmed BAP ruling affirming bankruptcy court's order disallowing deficiency claim following non-judicial foreclosure. Out of bankruptcy foreclosure extinguished creditor's lien, and...
Judge(s):
Schroeder, Davis, Murguia
Tag(s):

PNC Bank v. Sterba

  • Summarized by ,
  • 8 years 11 months ago
Citation:
No. 14-60061 (9th Circuit, Apr 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed BAP's reversal of N.D. Cal. bankruptcy court's ruling that a creditor's claim was timely. Notwithstanding California forum for bankruptcy, under bankruptcy common law, federal...
Judge(s):
Tashima, Smith, Korman
Tag(s):

Koyle v. Sand Canyon Corp.

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
No. 16-4035 (10th Circuit, Mar 31,2017) Published
Case Status:
Affirmed
Ruling:
10th Circuit affirmed the ruling of the district court (D. Utah) granting summary judgment in favor of defendants in debtor diversity suit challenging defendants' attempt to foreclose on deed of...
Judge(s):
Kelly, Briscoe, Lucero
Tag(s):

Lau v. Bank of America, N.A. (In re Lau)

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 8 years 11 months ago
Citation:
No. 16-2221 (3rd Circuit, Mar 27,2017) Not Published
Case Status:
Affirmed
Ruling:
The United States Court of Appeals for the Third Circuit affirmed two orders of the United States District Court for the District of New Jersey affirming on appeal an order of the United States...
Judge(s):
Restrepo, Scirica, and Fisher, Circuit Judges
Tag(s):

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