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ALLONHILL, LLC V. STEWART LENDER SERVICES, INC.

Summarizing by Bradley Pearce

USA v Bernard Seidling

Summarizing by David Treacy

Home » Personal Bankruptcy Topics » Mortgage

Marques v. Joseph (In re Marques)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 2 months ago
Citation:
CC-16-1116-FPaKi (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:
9th Cir. BAP affirmed ruling of bankruptcy court (CD Cal.) granting relief from stay to creditor to proceed with foreclosure against chapter 7 debtor/appellant. BK court properly confirmed...
Judge(s):
Faris, Pappas, Kirscher
Tag(s):

Reed v. New York Community Bank (In re Reed)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 3 months ago
Citation:
CC-16-1028-DKiF (9th Circuit, Dec 02,2016) Not Published
Case Status:
Affirmed
Ruling:

In rem relief from stay was properly granted by the bankruptcy court where debtor had filed multiple cases and transferred fractional interests in residence.

Judge(s):
DUNN, KIRSCHER and FARIS
Tag(s):

Ray v. Deutsche Bank National Trust Co. (In re Ray)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 4 months ago
Citation:
Ray v. Deutsche Bank National Trust Co. (In re Ray), Case No. NV-15-1137-LDoKi (9th Cir. B.A.P., Nov. 14, 2016) (unpublished)
Ruling:
Bankruptcy court did not abuse its discretion in (1) denying Appellant debtor's motion for an extension of time to file an opposition, (2) granting relief from stay to Appellee, and (3) denying...
Judge(s):
Lafferty, Dore, Kirscher
Tag(s):

Holley v. Corcoran (In re Holley)

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 9 years 4 months ago
Citation:
File No. 16a0580n.06; Case No. 16-1081 (Sixth Cir., October 25, 2016)
Ruling:
Sixth Circuit Court of Appeals reversed bankruptcy court's decision which allowed Chapter 7 trustee payment of administrative expenses from the proceeds of sale of real property owned by debtors as...
Judge(s):
Circuit judges Daughtery, Gibbons,and Cook
Tag(s):

Bronson v. Thompson (In re Bronson)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 5 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Case No. AZ-16-1050-JuFL (October 12, 2016) Not for Publication
Ruling:
The bankruptcy court did not abuse its discretion in dismissing the Debtors' state law claims and closing the adversary. When determining whether to retain jurisdiction or send a claim to state...
Judge(s):
JURY, FARIS, and LAFFERTY
Tag(s):

Rivera v. Deutsche Bank National Trust Co. (In re Rivera)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 5 months ago
Citation:
BAP No. NC-15-1120-KiTaJu (BAP 9th Cir. Oct. 6, 2016)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying chapter 13 debtors' objection to mortgage creditor's claim. BAP agreed with bankruptcy court's...
Judge(s):
Kirscher, Taylor, Jury
Tag(s):

Failla v. Citibank, N.A. (In re Failla)

  • Summarized by David Bury , Stone & Baxter, LLP
  • 9 years 5 months ago
Citation:
Failla v. Citibank, N.A. (In re Failla), No. 15-15626 (11th Cir. Oct. 4, 2016)
Ruling:
The word "surrender" in 11 U.S.C. § 521(a)(2) requires that a debtor who designates in his schedules that he will surrender a particular property to, in fact, relinquish his right to possess that...
Judge(s):
Marcus, Pryor, and Lawson (District Court Judge)
Tag(s):

MSCI 2007-IQ16 Granville Retail, LLC v. UHA Corp., LLC

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 9 years 5 months ago
Citation:
File Name: 16a0524n.06; case No. 15-3524 (Sept. 9, 2016)
Ruling:
The Sixth Circuit granted the mortgagee's motion dismiss the appeal as moot. The mortgagor's appeal of a foreclosure judgment (after the property was sold by a special master) was moot as the...
Judge(s):
Daughtrey, Moore and Stranch, Circuit Judges
Tag(s):

Green v. Traditional Heritage Village Homeowners Association, Inc. (In the Matter of Green)

Citation:
Green v. Traditional Heritage Village Homeowners Ass'n, Inc. (In the Matter of Green), Case No. 15-10872 (5th Cir. Aug. 16, 2016) (per curiam).
Ruling:
Appellant's appeal of the district court's denial of his request for a stay while he appealed bankruptcy court's order to district court was dismissed as moot after the district court dismissed...
Judge(s):
King, Clement, Owen
Tag(s):

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

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 7 months ago
Citation:
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity...
Judge(s):
Taylor, Jury, Kirscher
Tag(s):

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