Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 3 months ago
Citation:
2011 FED App. 0016P (6th Cir.)
Ruling:
The Bankruptcy Appellate Panel affirmed the rulings of the Bankruptcy Court for the Eastern District of Kentucky which a) granted the chapter 13 debtor standing to pursue an avoidance action...
Judge(s):
Boswell, Harris and McIvor on panel, authored by Harris, J.
Luis A. Soto-Rios and Brenda Tosada-Arbelo v. Banco Popular De Puerto Rico, United States Court of Appeals for the First Circuit, Appeal No. 10-227 (unpublished)
Ruling:
The United States Court of Appeals, First Circuit (J. Howard) ("First Circuit") found that a mortgagee and purported secured creditor held an "interest in property" as that term is used in both 11...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 4 months ago
Citation:
Nelson v. Bank of America, N.A., 6:10-cv-00929-MSS-DAB
Ruling:
The Eleventh Circuit affirmed the district court's dismissal of Nelson's verified complaint. The Eleventh Circuit held that nothing express or implied in the United States Treasury's Home...
Reversed and Remanded. In a very detailed examination of principles of contract interpretation, the Fifth Circuit held lender's ability to collect fees from Chapter 13 estate is governed by loan...
Banks v. Kondaur (In re Banks) Case No. 11-6025 - 8th Circuit (BAP October 2011)
Ruling:
Reverse and remand to bankruptcy court its previous summary judgment in favor of Defendant Kondaur Mortgage Corp. Specifically, in this case, because there was a material issue of fact regarding...
Judge(s):
Venters, Federman and Saladino - Bankruptcy Judges for the BAP.
Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
14 years 5 months ago
Citation:
2011 Bankr. LEXIS 3756
Ruling:
State law determines the extent of a bankruptcy trustee's rights under 11 U.S.C. § 544(a)(3). Applying Michigan law, the existence of a recorded rescission of an erroneously executed discharge of...
Judge(s):
Bankruptcy Appellate Panel of the Sixth Circuit, Judges Boswell, Rhodes, Shea-Stonum
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
14 years 5 months ago
Citation:
Sampson v. Washington Mutual Bank, No.11-11400 (11th Cir. October 5, 2011)
Ruling:
The Eleventh Circuit affirmed district court's dismissal of Sampson's complaint. In its analysis, the Eleventh Circuit found that the district court had erred in granting dismissal under FRCP...
The Panel affirmed the Bankruptcy Court’s decision stating that the Bank made a unilateral mistake by bidding the entire amount owed to it by the Debtor at a Michigan foreclosure sale and that it...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 5 months ago
Citation:
State Bank of Texas v. Patel, No. 11-11268
Ruling:
The Eleventh Circuit affirmed entry of summary judgment in favor of State Bank of Texas ("Bank") and denial of the Patels' motion for judgment on the pleadings. The Eleventh Circuit found that (1)...
