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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

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

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 10 years 7 months ago
Citation:
No. 14-12406; D.C. Docket No. 2:14-cv-00099-RWS; Bkcy. No. 13-bkc-23099-REB
Ruling:
In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien...
Judge(s):
Wilson, Rosenbaum, and Cox
Tag(s):

Matteson v. Bank Of America (In re Matteson)

  • Summarized by Michael Coury , Glankler Brown, PLLC
  • 10 years 7 months ago
Citation:
15 FED App. 0006P (6th Cir. August 10, 2015)
Ruling:
The Bankruptcy Court erred in reducing mortgage balances by the amount the secured lender would have received under Chapter 13 plan had creditor filed proofs of claim. The Secured creditor's liens...
Judge(s):
Delk, Opperman and Preston
Tag(s):

Belser v. Nationstar Mortgage, LLC (In re Belser)

  • Summarized by Hale Lake , Hinshaw & Culbertson, LLP
  • 10 years 7 months ago
Citation:
Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
Ruling:
The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim...
Judge(s):
Hillman, Feeney, Finkle
Tag(s):

Barney v. Bank of America (In re Gifford)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 7 months ago
Citation:
Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)
Ruling:
Constructive notice of the existence of a lien precludes a trustee’s avoidance of a perfected lien using section 544(a)’s strong arm powers and a debtor who grants a mortgage on her property...
Judge(s):
Cornish, Karlin, Jacobvitz (Karlin)
Tag(s):

Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 8 months ago
Citation:
Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC), BAP No. KS-14-027 (BAP 10th Cir. July 20, 2015)
Ruling:
The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court granting summary judgment in favor of defendant of fraudulent transfer avoidance action. The BAP agreed that under 11 USC...
Judge(s):
Thurman, Michael, Romero
Tag(s):

Brumfiel v. U.S. Bank, et al.

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 10 years 8 months ago
Citation:
Case No. 14-1421, United States Court of Appeals for the 10th Circuit
Ruling:
Dismissal affirmed. Applying de novo review, the 10th Circuit concluded that Debtor's claims for injunctive relief were moot because Bank was no longer pursuing its non-judicial Rule 120 procedure,...
Judge(s):
Matheson, Bacharach, and Moritz, Circuit Judges.
Tag(s):

Bank of America v. Waits (In re Waits)

  • Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
  • 10 years 8 months ago
Citation:
Bank of America Bank, N.A. v. Yvonne Roberts Waits (In re Yvonne Roberts Waits), No. 14-11408 (11th Cir. July 16, 2015) (per curiam).
Ruling:
Based on the United States Supreme Court's ruling in Bank of America, N.A. v. Caulkett, 135 S. Ct. 1995 (2015), the United States Court of Appeals for the Eleventh Circuit reversed the district...
Judge(s):
Circuit Judges Tjoflat, Jordan and Black
Tag(s):

Robb v. Harder (In re Robb)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 8 months ago
Citation:
Robb v. Harder (In re Robb), No. 15-6003 (BAP 8th Cir. July 16, 2015)
Ruling:
The BAP for the 8th Circuit dismissed appeal for lack of jurisdiction. Debtor appealed order of bankruptcy court (W.D. Mo.- Jefferson City) overruling her objection to chapter 7 trustee's unsecured...
Judge(s):
Kreseel, Saladino, Shodeen
Tag(s):

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