B.A.P. 9th Cir. Oct. 3, 2013 (Not for Publication)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...
Summarized by David Baker , Law Office of David G. Baker
12 years 7 months ago
Citation:
BAP No. MS 13-012
Ruling:
Bankruptcy court decision granting summary judgment against the plaintiff/trustee was reversed and the matter remanded for entry of orders consistent with the opinion.
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.
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.
The Bankruptcy Court abstained from hearing the Halls' adversary proceeding based on the fact all their claims involved state law and had already been resolved by the Oklahoma Court of Civil...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
12 years 10 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...
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.
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
12 years 10 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Smith v. Atlantic Southern Bank (In re Smith), Case No. 12-12973 (11th Cir. June 28, 2013) (unpublished) (per curiam)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...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
12 years 11 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...
