Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
12 years 2 months ago
Citation:
No. 13-1518
Ruling:
In a case applying Illinois law, the Seventh Circuit determined that Section 544(a)(3) strong-arm powers do not enable a Trustee to avoid a recorded mortgage merely because the mortgage does not...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 3 months ago
Citation:
In Re Brown, 9th Cir. B.A.P. WW-13-1170-TaKUD, (December 13, 2013) [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion to a companion appeal (BAP No. 12-1534) by the debtor, the 9th Circuit Bankruptcy Appellate Panel, affirmed the ruling by the bankruptcy court, when it held that it lacked...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 3 months ago
Citation:
WW-12-1534
Ruling:
The Ninth Circuit B.A.P. affirmed the Bankruptcy Court's grant of summary judgment dismissing the complaint of the Debtor and the Trustee against Bank of America, its servicer and agent, and MERS....
United States Bankruptcy Appellate Panel of the 10th Circuit, Appeal No. WO-13-029.
Ruling:
The BAP affirmed the bankruptcy court's order confirming that Appellee had standing as a "party in interest" to seek a comfort order under 11 U.S.C. section 362(j), reviewing the bankruptcy court's...
Judge(s):
Karlin, Romero, and Jacobvitz, Bankruptcy Judges. Opinion by Karlin.
Heritage Pacific Financial, LLC v. Montano (In re Montano), NC-12-1579-PaDJu (9th Cir. BAP Nov. 1, 2013)
Ruling:
Ninth Circuit BAP affirmed rulings of Bankruptcy court for the Northern District of California granting summary judgment dismissing lender's 11 USC 523(a)(2) complaint. BAP affirmed that lender's...
Summarized by Dean Langdon , DelCotto Law Group PLLC
12 years 4 months ago
Citation:
File Name 13a0941n.06; Docket No. 12-6567
Ruling:
In an opinion not recommended for publication, the Sixth Circuit Court of Appeals affirmed the ruling of the District Court for the Eastern District of Tennessee finding the Chapter 7 debtor was...
Judge(s):
Rogers, Cook and Van Tatenhove, District Judge. Opinion by Van Tatenhove.
Affirmed. Restating the general rule, the Eighth Circuit observed that “[a] showing of fraud in the abstract is not sufficient” to obtain revocation of discharge under § 727(d)(1); “rather...
The BAP first found the appeal of the adversary proceeding was not moot even though the Debtor's main case had previously been dismissed. The BAP moreover found that whereas the completed...
B.A.P. 9th Cir. Oct. 3, 2013 (Not for Publication)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit held that the lender did not meet its burden of proof to establish that a portion of the debt owed by the debtor was nondischargeable under a...
