Ray v. Deutsche Bank National Trust Co. (In re Ray)

Citation:
Ray v. Deutsche Bank National Trust Co. (In re Ray), Case No. NV-15-1137-LDoKi (9th Cir. B.A.P., Nov. 14, 2016) (unpublished)
Ruling:
Bankruptcy court did not abuse its discretion in (1) denying Appellant debtor's motion for an extension of time to file an opposition, (2) granting relief from stay to Appellee, and (3) denying...
Judge(s):
Lafferty, Dore, Kirscher
Tag(s):

Holley v. Corcoran (In re Holley)

Citation:
File No. 16a0580n.06; Case No. 16-1081 (Sixth Cir., October 25, 2016)
Ruling:
Sixth Circuit Court of Appeals reversed bankruptcy court's decision which allowed Chapter 7 trustee payment of administrative expenses from the proceeds of sale of real property owned by debtors as...
Judge(s):
Circuit judges Daughtery, Gibbons,and Cook
Tag(s):

Bronson v. Thompson (In re Bronson)

Citation:
Ninth Circuit Bankruptcy Appellate Case No. AZ-16-1050-JuFL (October 12, 2016) Not for Publication
Ruling:
The bankruptcy court did not abuse its discretion in dismissing the Debtors' state law claims and closing the adversary. When determining whether to retain jurisdiction or send a claim to state...
Judge(s):
JURY, FARIS, and LAFFERTY
Tag(s):

Rivera v. Deutsche Bank National Trust Co. (In re Rivera)

Citation:
BAP No. NC-15-1120-KiTaJu (BAP 9th Cir. Oct. 6, 2016)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying chapter 13 debtors' objection to mortgage creditor's claim. BAP agreed with bankruptcy court's...
Judge(s):
Kirscher, Taylor, Jury
Tag(s):

Failla v. Citibank, N.A. (In re Failla)

Citation:
Failla v. Citibank, N.A. (In re Failla), No. 15-15626 (11th Cir. Oct. 4, 2016)
Ruling:
The word "surrender" in 11 U.S.C. § 521(a)(2) requires that a debtor who designates in his schedules that he will surrender a particular property to, in fact, relinquish his right to possess that...
Judge(s):
Marcus, Pryor, and Lawson (District Court Judge)
Tag(s):

MSCI 2007-IQ16 Granville Retail, LLC v. UHA Corp., LLC

Citation:
File Name: 16a0524n.06; case No. 15-3524 (Sept. 9, 2016)
Ruling:
The Sixth Circuit granted the mortgagee's motion dismiss the appeal as moot. The mortgagor's appeal of a foreclosure judgment (after the property was sold by a special master) was moot as the...
Judge(s):
Daughtrey, Moore and Stranch, Circuit Judges
Tag(s):

Green v. Traditional Heritage Village Homeowners Association, Inc. (In the Matter of Green)

Citation:
Green v. Traditional Heritage Village Homeowners Ass'n, Inc. (In the Matter of Green), Case No. 15-10872 (5th Cir. Aug. 16, 2016) (per curiam).
Ruling:
Appellant's appeal of the district court's denial of his request for a stay while he appealed bankruptcy court's order to district court was dismissed as moot after the district court dismissed...
Judge(s):
King, Clement, Owen
Tag(s):

Velasquez v. Bank of America, N.A. (In re Velasquez)

Citation:
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity...
Judge(s):
Taylor, Jury, Kirscher
Tag(s):

Utzman v. Suntrust Mortgage, Inc. (In re Utzman)

Citation:
NC-15-1331-TAJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying motion from chapter 11 debtors for reconsideration of an order granting stay relief for cause, including...
Judge(s):
Taylor, Jury, Kirscher
Tag(s):

Barney v. Bank of America (In re Gifford)

Citation:
Barney v. Bank of America (In re Gifford), Case No. 15-8097 (10th Cir. June 3, 2016) (unpublished)
Ruling:
The transfer of an interest in a mortgage is merely an assignment from one creditor to another—not a transfer of the debtor’s property or an obligation incurred by the debtor.
Judge(s):
Birscoe, Lucero, Phillips
Tag(s):

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