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...
In the issue of first impression before the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP reversed and remanded the bankruptcy court's order denying the Chapter 13 Debtors motion to...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
10 years 10 months ago
Citation:
Case No. 14-2347 (6th Cir. 2015)
Ruling:
Michigan State Foreclosure Statute does not require lender to use judicial foreclosure process where borrower defaulted on a prior loan modification within one year of its execution.
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") ruling deemed not appropriate for publication, the BAP dismissed the appeal as moot. During the pending appeal, the Debtor's Chapter 11...
Bowles Sub Parcel A, LLC, et al. v. CW Capital Asset Mgt. LLC, et al. (In re Bowles Sub Parcel A, LLC, ), Nos. 14-1055, 14-1060, 14-1061, 14-1064, 14-1065 (8th Cir. July 1, 2015)
Ruling:
The 8th Circuit affirmed the affirmed the ruling of the bankruptcy court (D. Minn.), which determined that a default-interest provision in a loan agreement was a valid liquidated-damages provision...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
10 years 11 months ago
Citation:
Case No. 14-3837 (6th Cir. 2015)
Ruling:
Borrower precluded from contesting foreclosure based on estoppel or misrepresentation based on lender's alleged statements that borrower did not need to defend foreclosure or that lender would...
Mbaku, et al. v. Bank of America, et al., No. 14-1379 (10th Cir. 2015)
Ruling:
Tenth Circuit affirmed Rule 12 dismissal of pro se plaintiffs' due process, equal protection, and Colorado Fair Debt Procedures Collections Act (CFDPCA) claims asserted based on bank's foreclosure...
Rogers v. Bank of America, N.A., et al., No. 14-2841 (8th Cir. June 1, 2015)
Ruling:
The 8th Circuit affirmed the ruling of the district court (D. Minn.) granting defendants' motion to dismiss. The 8th Circuit agreed that plaintiff lacked standing to seek declaratory judgment that...
Villalon v. Burchard (In re Villalon), Case No. 14-1414 (9th Cir. B.A.P. May 22, 2015) (unpublished).
Ruling:
The bankruptcy court did not abuse its discretion in dismissing Debtor's chapter 13 case, as Debtor imposed prejudicial, unreasonable delay on a creditor and failed to make timely payments.
