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RUBEN PALAZZO, V. BAYVIEW LOAN SERVICING, LLC

Summarizing by Bradley Pearce

Rizka v. State Farm Fire and Casualty Co.

Citation:
16-1055 (6th Circuit, Apr 12,2017) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the opinion of the District Court for the Eastern District of Michigan, which granted summary judgment in favor of the debtor's homeowner's insurance carrier, finding the...
Judge(s):
Batchelder, Sutton and Kethledge; opinion by Batchelder
Tag(s):

Medical Lien Management, Inc. v. Dampier, Jr. (In re Dampier, Jr.)

Citation:
BAP No. CO-16-020 (10th Circuit, Apr 11,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) entry of summary judgment declaring criminal restitution obligation nondischargeable under 523(a)(7). While 523(a)(7) excepts debt other than...
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

Lansaw v. Zokaites

Citation:
16-1867 (3rd Circuit, Apr 10,2017) Published
Case Status:
Affirmed
Ruling:
Section 362(k)(1) provides "an individual injured by any willful violation of [the automatic] stay shall recover actual damages, including costs and attorneys' fees and, in appropriate...
Judge(s):
Fisher, Krause, and Melloy (sitting by designation)
Tag(s):

PNC Bank v. Sterba

Citation:
No. 14-60061 (9th Circuit, Apr 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed BAP's reversal of N.D. Cal. bankruptcy court's ruling that a creditor's claim was timely. Notwithstanding California forum for bankruptcy, under bankruptcy common law, federal...
Judge(s):
Tashima, Smith, Korman
Tag(s):

U.S. Small Business Administration v. Bensal

Citation:
No. 14-17404 (9th Circuit, Apr 04,2017) Published
Case Status:
Affirmed
Ruling:
9th Circuit affirmed ruling of district court (N.D. Cal.) in favor of US Small Business Administration. SBA sought to avoid fraudulent transfer under Federal Debt Collection Procedures Act by...
Judge(s):
Hawkins, Berzon, Murguia
Tag(s):

Koyle v. Sand Canyon Corp.

Citation:
No. 16-4035 (10th Circuit, Mar 31,2017) Published
Case Status:
Affirmed
Ruling:
10th Circuit affirmed the ruling of the district court (D. Utah) granting summary judgment in favor of defendants in debtor diversity suit challenging defendants' attempt to foreclose on deed of...
Judge(s):
Kelly, Briscoe, Lucero
Tag(s):

First Community Bank v. Gaughan (In re Miller)

Citation:
No. 14-16854 (9th Circuit, Mar 31,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed ruling of district court (D. Ariz.), after district court reversed bankruptcy court's summary judgment in favor of judgment lien creditor, who brought adversary against chapter...
Judge(s):
Tashima, Smith, Korman
Tag(s):

LVNV Funding, LLC v. Harling, v. Simmons-Beasley

Citation:
No. 16-1346 and 16-1347 (consolidated for appeal) (4th Circuit, Mar 30,2017) Published
Case Status:
Affirmed
Ruling:
Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
Tag(s):

Smalis v. City of Pittsburgh School District, Case Nos. 16-4137 & 16-4261 (3d Cir. Mar. 27, 2017) (not precedential)

Citation:
16-4137 & 16-4261 (3rd Circuit, Mar 27,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirming the district court's order, which affirmed the bankruptcy court's orders, dismissing Appellant's adversary proceeding and holding that (a) Appellant lacked standing to bring lawsuit on...
Judge(s):
McKee, Jordan, and Restrepo
Tag(s):

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

Citation:
No. 16-2221 (3rd Circuit, Mar 27,2017) Not Published
Case Status:
Affirmed
Ruling:
The United States Court of Appeals for the Third Circuit affirmed two orders of the United States District Court for the District of New Jersey affirming on appeal an order of the United States...
Judge(s):
Restrepo, Scirica, and Fisher, Circuit Judges
Tag(s):

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