Ocwen Loan Servicing LLC v. Summit Bank (In re Francis)

Citation:
No. 13-1615 (8th Cir. April 25, 2014)
Ruling:
The Tenth Circuit affirmed the district court’s ruling that the doctrine of equitable subrogation would not operate to grant Ocwen a first-priority lien on certain real property owned by the...
Judge(s):
Wollman, Loken, and Kelly.
Tag(s):

Schwartz-Tallard v. America's Servicing Co

Citation:
America’s Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard), Case No. 11-1429 (9th Cir. Apr. 16, 2014).
Ruling:
The Court of Appeals for the Ninth Circuit (the "Ninth Circuit") affirmed the decision of the Bankruptcy Appellate Panel for the Ninth Circuit (the "B.A.P."), holding that a debtor is not precluded...
Judge(s):
J. Clifford Wallace and Ronald M. Gould, Circuit Judges and Paul C. Huck, Senior District Judge (sitting by designation).
Tag(s):

Kim v. Dome Entertainment Ctr, Inc.

Citation:
F.3d citation not yet available. Case No. 10-10882 (5th Cir. Apr. 9, 2014)
Ruling:
AFFIRMED district court’s ruling that federal law can trump Texas homestead exemptions to force the sale of the debtor’s homestead, notwithstanding the exemption rights of the non-debtor...
Judge(s):
HIGGINBOTHAM, OWEN, and HAYNES. Opinion by Priscilla R. Owen, Circuit Judge.
Tag(s):

Borm v. CitiMortgage, Inc. (In re Borm)

Citation:
CitiMortgage, Inc. v. Borm (In re Borm), Case No. 13-6065 (B.A.P. 8th Cir. Apr. 2, 2014)
Ruling:
Bankruptcy court abused its discretion in denying mortgage creditor's request for relief from automatic stay when debtors missed significant number of post-petition mortgage payments contrary to...
Judge(s):
Federman, Schermer, and Nail
Tag(s):

Hope 7 Monroe Street LP v. Riaso, LLC (In the Matter of Hope 7 Monroe Street LP)

Citation:
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling:
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the...
Judge(s):
Ginsburg, Henderson and Brown
Tag(s):

Lee v. Mortgage Electronic Registration Systems, Inc. (In re Mortgage Electronic Registration Systems, Inc.)

Citation:
Ninth Circuit Court of Appeals; Case No. 12-16457
Ruling:
In the published case the Ninth Circuit Court of Appeals determined that the case was suitable for decisions without oral argument. The Ninth Circuit Court of appeals affirmed the transferor...
Judge(s):
Tashima, W. Fletcher, and Nguyen
Tag(s):

Arvest Bank v. Cook (In re Cook)

Citation:
No. 13-6014 (B.A.P. 8th Cir. Jan. 9, 2014)
Ruling:
Reversing the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (“BAP”) held that a deed of trust was not void for lack of consideration and that a...
Judge(s):
Saladino, Nail and Shodeen, Bankruptcy Judges.
Tag(s):

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