Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
13 years 11 months ago
Citation:
Case No. PR-080 (1st Cir. BAP June 28, 2012)
Ruling:
Pursuant to Section 1322(e) of the Bankruptcy Code, the amount of an arrearage under a mortgage secured by the debtor’s principal residence, including the amount of the mortgagee’s attorneys...
Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 11 months ago
Citation:
Docket No. 10-3694; File Name 12a0197p.06
Ruling:
Reversing the United States District Court for the Southern District of Ohio, the Sixth Circuit Court of Appeals held that the homeowner's complaint stated a claim for relief under the Fair Debt...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 11 months ago
Citation:
Allen v. US Bank (In re Allen). - B.R. - (9th Cir. B.A.P. June 8, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit held USB, the secured creditors chain of possession for loan documents were adequate to establish standing to file a proof of claim.
In re Makris, Case No. 11-1666, 2012 U.S. App. LEXIS 10359 (3d Cir. May 23, 2012) (Not Precedential)
Ruling:
The Third Circuit Court of Appeals VACATED an order of the United States District Court for the District of New Jersey that affirmed the bankruptcy court’s award of fees on fees incurred by the...
Case No. 2:-10-CV-00928-CW (10th Cir. May 18, 2012)
Ruling:
The Court of Appeals AFFIRMED the district court's ruling that the plaintiff's (Charles and Ethanne Waldo) claims could have been litigated in the federal bankruptcy action and previous state court...
Lorraine McNeal v. GMAC Mortgage, LLC, et al., Case No.:11-11352 (11th Cir. May 11, 2012)(unpublished)(per curiam).
Ruling:
The Eleventh Circuit held that a wholly unsecured junior lien on a Chapter 7 debtor's home may be "stripped off" pursuant to Section 506(d) of the Bankruptcy Code.
Summarized by Amy Quackenboss , American Bankruptcy Institute
14 years 2 weeks ago
Citation:
Gilbert v. Residential Funding LLC, Case No. 10-2295 (4th Cir., May 3, 2012)
Ruling:
A lawsuit seeking rescission of a mortgage loan is timely under the Truth in Lending Act where the consumer provided notice of rescission to the subservicer within three years of closing but did...
Judge(s):
Chief Judge Traxler, Judge Floyd and J. Michelle Childs, United States District Judge, District of South Carolina (sitting by designation)
Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
14 years 2 weeks ago
Citation:
Case No. 11-037, Bankruptcy Appellate Panel of the Tenth Circuit (the “BAP”)
Ruling:
Federal National Mortgage Association (“FNMA”) lacked standing to seek a “comfort order” that the automatic stay had been terminated pursuant to 11 U.S.C. 362(c)(3)(A). Citing In re...
Bushnell v. Bank of the West (In re Bushnell), Case No. 11-6083 (8th Cir. BAP May 8, 2012)
Ruling:
An owner of property in which the debtor has no legal or equitable interest is a party in interest in the debtor's bankruptcy case that may be entitled to seek and receive relief from the automatic...
Judge(s):
Kressel, Chief Judge, Schermer (wrote the opinion), and Federman, Bankruptcy Judges.
Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
14 years 1 month ago
Citation:
Cedano v. Aurora Loan Services, LLC, Case No. SV 10-18618, Adv. No. SV 10-01534, BAP No. CC-11-1189 (April 9, 2012)
Ruling:
BAP affirmed the Bankruptcy Court ruling dismissing adversary action pursuant to FRCP 12(b)(6) because the Debtor failed to state claims upon which relief could be granted.
