BAP No. CC-12-1445-MkTaJu (B.A.P. 9th Cir. May 29, 2013) (NOT FOR PUBLICATION)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit AFFIRMED the bankruptcy court's allowance of bank's claim, but without prejudice to debtor's filing in the bankruptcy court a § 502(j)...
National City Mortgage v. Gordon (In re Bennett), No. 12-13239 (11th Cir. May 29, 2013)
Ruling:
On appeal, the Eleventh Circuit looked to Georgia law and found that a rider could not cure the defects involving attestation. The Eleventh Circuit also held that Georgia law dictated that a rider...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 10 months ago
Citation:
Staker v. Jubber (In re D. Staker) (10th Circuit Court of Appeals 12-4209 &12-4210 (2013))
Ruling:
In an objection to a claim filed pursuant to FRBP 3007, the objecting party is prohibited from requesting the court determine the validity, priority, or extent of lien or other interest in property...
Judge(s):
John C. Porfilio Senior Circuit Judge; Judge Kelly & Judge Holmes
A cross-collateralization clause in first priority mortgage put second priority mortgagee on inquiry notice of debt in excess of promissory note specified in first mortgage. Therefore, first...
Judge(s):
Kanne, Williams and Zagel (by designation from the Northern District of Illinois).
Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)
Ruling:
In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of...
Judge(s):
Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
12 years 11 months ago
Citation:
In re Rodriguez, No. 12-2146 (3d Cir. April 22, 2013) (not precedential)
Ruling:
Because a chapter 13 plan confirmation order may be revoked only if such order was procured by fraud, the absence of such fraud prevents the court from reconsidering the plan confirmation order...
Summarized by Dean Langdon , DelCotto Law Group PLLC
12 years 11 months ago
Citation:
File Name: 13a0102p.06; Docket No. 12-2021
Ruling:
The Court of Appeals affirmed the district court's dismissal of plaintiff's complaint seeking to set aside a Michigan foreclosure on the grounds of an alleged defective mortgage assignment from...
Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the...
In precedential decision, the Third Circuit held that an obligor may exercise her right to rescind a loan subject to TILA by notifying the creditor in writing within the three-year statutory...
Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 1 month ago
Citation:
File name: 13a0134n.06; Case No. 11-2357
Ruling:
Unpublished opinion affirming the Sixth Circuit BAP, which affirmed bankruptcy court rulings denying bank's motion for relief from the automatic stay and its objection to confirmation of the...
Judge(s):
Cook, Stranch and Stamp (Dist. Judge, N.D. WV); opinion by Stranch
