Ninth Circuit Bankruptcy Appellate Panel Case No. NV-14-1375-KuDJu
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") ruled that both bankruptcy court's orders "stripping off" Bella Sera Homeowner's Association ("Bella") lien and...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 3 weeks ago
Citation:
Carlson v. U.S. Bank (In re Carlson) 8th Circuit Court of Appeals, No. 14-3563, April 27, 2015 [Unpublished]
Ruling:
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals rejected Carlson’s legal arguments and affirmed the decision of the bankruptcy court, when the bankruptcy court denied his...
Case No. 14-40837. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 74.5.4.
Ruling:
Affirmed district court's summary judgment in favor of mortgage lender. Four-year statute of limitations to foreclose on residential real property after first accelerating the note did not bar the...
Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
11 years 3 weeks ago
Citation:
Case No. 1:14-cv-01017-GBL-JFA
Ruling:
The bankruptcy court's finding that the debtor was ineligible for chapter 13 relief because his secured debt total exceeded the statutory limit pursuant to Section 109(e) of the Bankruptcy Code was...
5th Circuit AFFIRMED district court grant of summary judgment for bank and held the bank did not waive its right to foreclose and did not make any actionable misrepresentation. The 5th Circuit...
Plaintiff in state and federal fair debt collection action sufficiently pled that disputed fees in the body of a foreclosure complaint against his home constituted actionable misrepresentation...
Harris v. Bank of America (In re Harris) Case No. 13-60000 (9th Cir. March 9, 2015) (unpublished)
Ruling:
Debtor-Appellant failed to plausibly allege facts that show he complied with the state law requirements; Debtor-Appellant failed to state with particularity the circumstances constituting alleged...
9th Cir. BAP Case No. CC-14-1346-TaDPa (March 3, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel determined, as a matter of law, that the claims commenced post-petition accrued pre-petition; therefore, the claims were property of the estate. The...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
11 years 3 months ago
Citation:
No. 13-2676
Ruling:
Rule 38 of the Federal Appellate Procedure- When a litigant or attorney presents appellate arguments with no reasonable expectation of success for the purpose of delay, harassment or sheer...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 3 months ago
Citation:
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses...
Judge(s):
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
