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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

In re: MATTHEW CURTIS WITT

Citation:
23-1035 (10th Circuit, Dec 08,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the judgment of the circuit's Bankruptcy Appellate Panel (BAP) concluding that it lacked jurisdiction over appeals of orders of...
Judge(s):
Joel M. Carson III; Allison H. Eid; and Veronica S. Rossman
Tag(s):

In re: JOHN EARL ERICKSON,

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 2 years 11 months ago
Citation:
BAP No. WW-22-1186-GFB (9th Circuit, Apr 13,2023) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the denial of the serial debtor's chapter 13 plan and dismissal of the case with a 2-year ban on filing a bankruptcy petition.
Judge(s):
GAN, FARIS, and BRAND
Tag(s):

In re: ARMIN DIRK VAN DAMME

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 2 years 11 months ago
Citation:
BAP No. NV-22-1175-GCB (9th Circuit, Apr 12,2023) Not Published
Case Status:
Affirmed
Ruling:
Under the principles of claim preclusion, a prior Rule 12(b)(6) dismissal of the debtor's claims by the United States District Court precluded the debtor from reasserting the same claims in...
Judge(s):
GAN, CORBIT, and BRAND, Bankruptcy Judges
Tag(s):

Litton Loan Servicing, L.P. v. Dennis Schubert

  • Summarized by Benjamin Fischer , Klehr Harrison Harvey Branzburg LLP
  • 2 years 11 months ago
Citation:
21-3969, 21-3983 (6th Circuit, Mar 28,2023) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed an order of the bankruptcy court, holding that several mortgage lenders had standing to appeal but failed to meet the person-aggrieved test because they lacked a direct...
Judge(s):
Amul Thapar; Karen Nelson Moore; and Joan Larsen
Tag(s):

Wendy Adelson v. Ocwen Loan Servicing, LLC

Citation:
22-2204 & 21-2972 (6th Circuit, Jan 31,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Eastern District of Michigan (DC) that affirmed the dismissal of the claims of...
Judge(s):
John B. Nalbandian; Karen N. Moore; and Eric L. Clay
Tag(s):

In re: JOSE HUMBERTO AGUILAR GALVAN

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 3 years 1 month ago
Citation:
BAP No. CC-22-1106-LCF (9th Circuit, Jan 30,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in granting a creditor in rem relief from the automatic stay under 11 USC § 362(d)(4)....
Judge(s):
LAFFERTY, CORBIT, and FARIS
Tag(s):

In Re: JUDITH LACY BOZEMAN

Citation:
21-10987 (11th Circuit, Jan 10,2023) Published
Case Status:
Reversed and Rendered
Ruling:
A mortgage lien survives confirmation and consummation of a chapter 13 plan, notwithstanding anything to the contrary in the plan. Sidestepping the problem created by the confirmation of a plan...
Judge(s):
ROSENBAUM and TJOFLAT, Circuit Judges, and MOODY, District Judge
Tag(s):

Azby Fund v. Wadsworth Estates

  • Summarized by Timothy Byrd , McGlinchey Stafford, PLLC
  • 3 years 3 months ago
Citation:
No. 22-30092 (5th Circuit, Dec 12,2022) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the district court's ruling that a debtor in possession had prudential standing to contest the creditor's §506(b) motion. Also, the Fifth Circuit upheld the district...
Judge(s):
Judge Patrick E. Higginbotham, Judge Stuart Kyle Duncan, and Judge Kurt D. Engelhardt
Tag(s):

Melissa Monday-West v. Wells Fargo Bank, N.A

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 3 years 3 months ago
Citation:
20-6381 (6th Circuit, Nov 09,2022) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Sixth Circuit affirmed a district court's dismissal of tort claims under Kentucky law against Wells Fargo Bank, N.A. related to its wrongful denial of requests for...
Judge(s):
BOGGS, LARSEN, and DAVIS
Tag(s):

In re: MONTE L. MASINGALE (Deceased) and ROSANA D. MASINGALE

Citation:
EW-22-1016-FLB (9th Circuit, Nov 02,2022) Published
Case Status:
Reversed and Remanded
Ruling:
Publishing to explain the effect of a “100% of FMV” exemption claim and to reiterate that parties must timely object to any improper exemption claim despite its frivolity, the U.S. Bankruptcy...
Judge(s):
Robert J. Faris; William J. Lafferty; and Julia W. Brand
Tag(s):

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