BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...
BAP for 9th Circuit affirmed ruling of bankruptcy court (C.D. Cal.) granting chapter 7 trustee's sale motion over debtor's objection. Debtor waived appeal of disbursement of sale proceeds after...
Bankruptcy court correctly found debtor in contempt for a willful stay violation because debtor knew of the automatic stay and acted intentionally to violate it.
The Third Circuit Court of Appeals affirmed the conversion of Debtor's Chapter 13 case to a Chapter 7 case. The Debtor debts exceeded the amounts set forth in 11 U.S.C. § 109(e). The Debtor did...
In affirming the bankruptcy court and the district court, the Eleventh Circuit held that a chapter 13 debtor's plan did not discharge the credit union's mortgage at the conclusion of her plan...
Judge(s):
Jill Pryor and Julie Carnes, Circuit Judges, and Conway, District Judge
(1) Mortgagor's wife did not have standing to bring suit since she was not named on the property’s title, the mortgage or the note. (2) Borrower/mortgagor has standing to bring suit under RESPA....
5th Circuit affirmed district court (ND Tx.)'s grant of plaintiff's motion for summary judgment in foreclosure suit. Debtor defendant appealed to 5th Circuit. Plaintiff was valid holder of note...
The bankruptcy court erred in voiding a holder's first priority deed of trust. The order upholding the debtor's objection to the holder's proof of claim was not a ruling on the merits as to the...
