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GOLDMAN SACHS BANK USA, V RHEA ANN BROWN; GREGORY KEVIN MAZE

Summarizing by Timothy Anzenberger

CURTIS V. AMMEC INVESTMENTS, II, ET AL.

Summarizing by Paris Gyparakis

Home » Personal Bankruptcy Topics » Mortgage

In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 3 months ago
Citation:
In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).
Ruling:
A discharge-ineligible chapter 13 debtor may avoid a lien under section 506(d) after the bankruptcy court has disallowed the creditor’s proof of claim.
Judge(s):
Richard A. Perez, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Bybee.
Tag(s):

Allana Baroni v. Nationstar Mortgage, LLC (In re Allana Baroni)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 4 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1578-KuDTa (November 10, 2015)
Ruling:
There are three components necessary for constitutional standing, which include (1) injury in fact (2) causation and (3) redressability. The Ninth Circuit Bankruptcy Appellate Panel ("BAP")...
Judge(s):
KURTZ, DUNN and TAYLOR, Bankruptcy Judges
Tag(s):

Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 4 months ago
Citation:
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of...
Judge(s):
Taylor, Dunn, Jury
Tag(s):

Jester v. Wells Fargo Bank N.A. (In re Jester)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 4 months ago
Citation:
Jester, et al. v. Wells Fargo Bank N.A. (In re Jester), Case No. EO-15-002 (BAP 10th Cir. October 22, 2015). Unpublished.
Ruling:
If a court is unable to provide debtor any relief, reopening a bankruptcy case would be futile and a court does not abuse its discretion if it refuses to reopen the case. In this case, neither the...
Judge(s):
Thurman, Jacobvitz, Hall (Hall)
Tag(s):

Brumfiel v. Lewis (In re Brumfiel)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 5 months ago
Citation:
Brumfiel v. Lewis, et al. (In re Brumfiel), Case No. CO-15-014 (B.A.P. 10th Cir. October 8, 2015). Unpublished.
Ruling:
Claims debtor fails to disclose in her bankruptcy schedules remain estate property upon closing of the case and bankruptcy court has jurisdiction to approve a settlement respecting those claims...
Judge(s):
Karlin, Cornish, Michael (Karlin)
Tag(s):

Zegzula v. JPMorgan Chase Bank, N.A. (In re Zegzula)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 5 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. WW-14-1119-JuKiF (October 2, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") determined its decision was appropriate for submission without oral argument, and not for publication. The BAP affirmed the bankruptcy court's...
Judge(s):
JURY, KIRSCHER, and FARIS, Bankruptcy Judges.
Tag(s):

Moser, et al. v. Schachar (In the Matter of Thaw)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 10 years 5 months ago
Citation:
CTA5 No. 15-40321
Ruling:
Because Texas Property Code section 52.042 did not affect the lienholder's status until after the bankruptcy, and must be read in conjunction with section 52.043, which creates an exception for...
Judge(s):
Before REAVLEY, ELROD and HAYNES, Circuit Judges.
Tag(s):

Gladstone v. Schaefer (In re UC Lofts on 4th, LLC)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 6 months ago
Citation:
Gladstone, et al. v. Schaefer, et al. (In re UC Lofts on 4th, LLC, et al.), BAP No. SC-14-1287-JuKlPa & SC-14-1320-JuKlPa (BAP 9th Cir. Sept. 4, 2015)
Ruling:
In a 49 page opinion addressing ten issues related to fraudulent transfer, preference, and equitable subordination claims in a consolidated appeal, the BAP for the 9th Circuit affirmed the ruling...
Judge(s):
Jury, Klein, Pappas
Tag(s):

DTND Sierra Invest. L.L.C. v. CitiMortgage, Inc.

Citation:
DTND Sierra Invest. L.L.C. v. CitiMortgage, Inc., No. 14-51141 (5th Cir. Sept. 4, 2015) (per curiam) (unpublished)
Ruling:
Affirmed judgment dismissing lawsuit and imposing $20,000 sanction against plaintiff and its law firm for filing a frivolous lawsuit and threatening to cloud title on property being foreclosed upon...
Judge(s):
Jones, Smith, Southwick
Tag(s):

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

  • Summarized by Michael Sugar , Commonwealth of Massachusetts
  • 10 years 6 months ago
Citation:
Sheedy v. Deutsche Bank National Trust Company et al. (In re Sheedy) 14-1246
Ruling:
The Court ruled that Laura Sheedy (the "Debtor") Truth in Lending Act claim for rescission was time barred because refinancing occurred in 2004 and the Debtor did not bring a claim under TILA until...
Judge(s):
Howard, Torruella and Kayatta
Tag(s):

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