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In re Petrone

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 6 months ago
Citation:
Nos. 13–007, 08–12024–DF (B.A.P. 1st Cir. Sept. 11, 2013)
Ruling:
Affirming the United States Bankruptcy Court (“BC”), the Bankruptcy Appellate Panel (“BAP”) for the First Circuit affirmed the BC’s order discharging the debtor and denying the debtor’s...
Judge(s):
Lamoutte, Haines, and Deasy, United States Bankruptcy Appellate Panel Judges.
Tag(s):

Randall L. Seaver, Trustee v. New Buffalo Auto Sales (In re Hecker)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 7 months ago
Citation:
No. 13-6005, --- B.R. --- (B.A.P. 8th Cir. Aug. 8, 2013)
Ruling:
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (the “BAP”) held that (1) a junior lienholder lacked a cognizable injury...
Judge(s):
Federman, Chief Judge, Saladino and Nail, Bankruptcy Judges.
Tag(s):

Palomar v. First American Bank

  • Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
  • 12 years 8 months ago
Citation:
(7th Cir., No. 12-3492)
Ruling:
Chapter 7 debtor cannot strip-off a wholly-unsecured mortgage. The Seventh Circuit distinguished the ability to strip-off wholly-unsecured mortgages in Chapter 13 because "[t]he strip-off right in...
Judge(s):
Posner, Manion, and Rovner
Tag(s):

J&M Securities, LLC v. Moore (In re Moore)

Citation:
8th Cir. (BAP July 8, 2013 - Appeal from Bankruptcy Court Eastern District of Missouri) - Case No 12-6061
Ruling:
AFFIRMING the bankruptcy court's ruling that a state law exception which allowed the debtor to use a state law exemption for her homestead against a single creditor.
Judge(s):
Kressel, Saladino and Shodeen.
Tag(s):

Smith v. Atlantic Southern Bank (In re Smith)

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 12 years 8 months ago
Citation:
Smith v. Atlantic Southern Bank (In re Smith), Case No. 12-12973 (11th Cir. June 28, 2013) (unpublished) (per curiam)
Ruling:
AFFIRMING the District Court, the 11th Circuit held that creditor had both statutory and constitutional standing to seek (i) relief from the automatic stay to institute foreclosure proceedings and...
Judge(s):
Carnes, Barkett, and Fay
Tag(s):

Garden v. Central Nebraska Housing Corp.

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 12 years 9 months ago
Citation:
Garden v. Central Nebraska Housing Corp., et al., No. 12-2344, --- F.3rd ----, 2013 WL 3214982 (8th Cir. Jun. 27, 2013)
Ruling:
AFFIRMING the District Court's decision granting Debtors' motion for partial summary judgment, reducing mortgagee's secured claim as to attorney's fees and related costs and awarding sanctions...
Judge(s):
Wollman, Gruender, Shepherd
Tag(s):

Goldenberg v. Deutsche Bank National Trust Co. (In re Papazov)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 12 years 9 months ago
Citation:
Goldenberg v. Deutsche Bank National Trust Co. (Unpublished) (In re Papazov) (BAP 9th Cir May 30, 2013)
Ruling:
The Bankruptcy Court did not abuse its discretion in denying Appellant, Goldenberg Family Trust ("Goldenberg") a Motion to Reopen and a Motion for Injunctive Relief. The Bankruptcy Court denied the...
Judge(s):
Kirscher, Clement, and Dunn, Bankruptcy Judges.
Tag(s):

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