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ALLONHILL, LLC V. STEWART LENDER SERVICES, INC.

Summarizing by Bradley Pearce

USA v Bernard Seidling

Summarizing by David Treacy

Home » Personal Bankruptcy Topics » Mortgage

In re Liza Hazan

Citation:
19-14049 (11th Circuit, Sep 01,2021) Published
Case Status:
Affirmed
Ruling:
The 11th Circuit held that the bankruptcy court's determination of parties' rights under a series of state court judgments and orders did not violate the Rooker-Feldman doctrine and the doctrine of...
Judge(s):
William Pryor, Chief Judge, Jordan and Marcus, Circuit Judges
Tag(s):

In re Laxmi Sarah Sundaram

Citation:
20-9008 (1st Circuit, Aug 13,2021) Published
Case Status:
Affirmed
Ruling:
Affirming the Bankruptcy Appellate Panel for the First Circuit (BAP), the U.S. Court of Appeals for the First Circuit (Circuit) reaffirmed the general jurisdictional mootness rule--when an issue...
Judge(s):
O. Rogeriee Thompson; Bruce M. Selya; and William J. Kayatta Jr.
Tag(s):

Miranda v Banco Popular de Puerto Rico

Citation:
20-9006 (1st Circuit, Aug 06,2021) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the First Circuit (Circuit) affirmed the decision of the Bankruptcy Appellate Panel for the First Circuit (BAP), which itself affirmed the entry of summary judgment by...
Judge(s):
Jeffrey R. Howard; Sandra L. Lynch; and William J. Kayatta Jr.
Tag(s):

In re Latasha Denell Mitchell

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 4 years 7 months ago
Citation:
EC-21-1010-LBT (9th Circuit, Aug 03,2021) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling against the debtor regarding alleged violations of the stay and discharge injunction against the loan servicer. ...
Judge(s):
LAFFERTY, BRAND, and TAYLOR
Tag(s):

In re Julieta Jimenez

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 4 years 7 months ago
Citation:
CC-20-1275-FSG, CC-21-1030-FSG (9th Circuit, Aug 02,2021) Not Published
Case Status:
Affirmed
Ruling:
The 9th Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's rulings granting relief from the automatic stay under section 362(d)(1) and (d)(4) and dismissing the chapter 13 case where...
Judge(s):
Faris, Spraker, Gan
Tag(s):

In re Allana Baroni

  • Summarized by Sarah Tomlinson , Summers Compton Wells
  • 4 years 8 months ago
Citation:
Bankruptcy Appellate Panel of the Ninth Circuit Nos. CC-20-1278-LGT, CC-20-1279-LGT (9th Circuit, Jul 13,2021) Not Published
Case Status:
Affirmed
Ruling:
The BAP held that only if the Ninth Circuit reverses the Turnover Order would the Debtor's standing be established as the Debtor conceded the estate is insolvent. The BAP also held the bankruptcy...
Judge(s):
The Hons. Lafferty, Gan, and Taylor
Tag(s):

Twiford Enterprises, Inc. v. Rolling Hills Bank and Trust

Citation:
20-8048 (10th Circuit, Jul 09,2021) Not Published
Case Status:
Affirmed
Ruling:
In order to succeed on a claim of economic duress under Iowa law, a borrower must (1) prove that the duress resulted from the lender's wrongful and oppressive conduct and not by the borrower's...
Judge(s):
MATHESON, BACHARACH, and CARSON
Tag(s):

In re Anibal Mesala Silva

  • Summarized by Lars Fuller , BakerHostetler
  • 4 years 8 months ago
Citation:
BAP No. CC-20-1237-GTL (9th Circuit, Jul 06,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.). denying chapter 13 debtor's (1) motion for sanctions against tax collector and mortgage servicer; (2) motion to vacate order denying...
Judge(s):
Gan, Taylor, Lafferty
Tag(s):

In re Carol Lee Depuydt-Meier

Citation:
21-1001 & 21-1002 (9th Circuit, Jun 28,2021) Not Published
Case Status:
Affirmed
Ruling:
Echoing a similar ruling in a separate case, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed orders (1) overruling the objection by Carol Lee DePuydt-Meier (DR) to a proof...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
Tag(s):

Bank of New York Mellon v. 732 Hardy Way Trust

Citation:
19-17048 (9th Circuit, Jun 25,2021) Published
Case Status:
Reversed and Remanded
Ruling:
A homeowners' association foreclosure sale that violates the automatic stay (11 U.S.C. § 362(a)) is void under Nevada law, and the holder of a deed of trust that was extinguished by the HOA's...
Judge(s):
Johnnie B. Rawlinson, Danielle J. Forrest, and Lawrence VanDyke, Circuit Judges
Tag(s):

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