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Lira v. Wells Fargo Bank (In re Lira)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 7 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1338-DKiBr (August 4, 2015) - Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling. The bankruptcy court correctly determined that Wells Fargo, N.A. had standing and at least a colorable claim to foreclose on...
Judge(s):
Honorable DUNN, KIRSCHER and BRANDT,3 Bankruptcy Judges.
Tag(s):

Pryor v. RW Investment Co., Inc. (In re Pryor)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 7 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1526-KiBrD (August 3, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Debtor's motion. There is a high burden on a party seeking relief from a judgment based on...
Judge(s):
KIRSCHER, BRANDT2 and DUNN, Bankruptcy Judges
Tag(s):

Wildhaber, Sr. v. Burchard (in re Wildhaber, Sr.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 8 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1352-PaJuKl (July 28, 2015)
Ruling:
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order dismissing the Chapter 13 case for failure to timely file a Chapter 13 plan....
Judge(s):
Honorable PAPPAS, JURY, and KLEIN (sitting by designation), Bankruptcy Judges.
Tag(s):

Cote v. Al V., Inc. (In re Cote)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 8 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1025-TaPaJu (July 27, 2015)
Ruling:
In the unpublished decisions, the BAP determined that the bankruptcy court's findings were clearly erroneous and reversed the bankruptcy court's judgment. The BAP determined that a finding of...
Judge(s):
TAYLOR, PAPPAS, and JURY, Bankruptcy Judges
Tag(s):

Chantel v. Pierce (In re Chantel)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 10 years 8 months ago
Citation:
9th Cir. BAP No. AZ–14-1511 and AZ-14-1514-PaJuKi (July 1, 2015) (unpublished)
Ruling:
The 9th Cir. BAP held that Debtor's Trust was their "alter ego;" that the assets held in Trust were property of the estate that must be turned over to the Chapter 7 Trustee; and that the Debtors'...
Judge(s):
PAPPAS, JURY, and KIRSCHER, Bankruptcy Judges.
Tag(s):

Bank of America v. Waits (In re Waits)

  • Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
  • 10 years 8 months ago
Citation:
Bank of America Bank, N.A. v. Yvonne Roberts Waits (In re Yvonne Roberts Waits), No. 14-11408 (11th Cir. July 16, 2015) (per curiam).
Ruling:
Based on the United States Supreme Court's ruling in Bank of America, N.A. v. Caulkett, 135 S. Ct. 1995 (2015), the United States Court of Appeals for the Eleventh Circuit reversed the district...
Judge(s):
Circuit Judges Tjoflat, Jordan and Black
Tag(s):

Boukatch v. Midfirst Bank (In re Boukatch)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 8 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. AZ-14-1483-KiPaJu (July 9, 2015)
Ruling:
In the issue of first impression before the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP reversed and remanded the bankruptcy court's order denying the Chapter 13 Debtors motion to...
Judge(s):
KIRSCHER, PAPPAS and JURY, Bankruptcy Judges.
Tag(s):

Ellmann v. Baker (In re Baker)

  • Summarized by Laura Bartell , Wayne State University Law School
  • 10 years 8 months ago
Citation:
No. 14-2149 (6th Cir. July 2, 2015)
Ruling:
Affirming the district court, the Court of Appeals held that the Supreme Court's decision in Law v. Siegel, 134 S.Ct. 1188 (2014) limits the bankruptcy court's power to disallow claimed exemptions...
Judge(s):
Cole, Chief Judge, Merritt and Batchelder.
Tag(s):

Dodev v. The Bank of NY Mellon

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 8 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. AZ-15-1013-JuKiPa (July 2, 2015)
Ruling:
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") ruling deemed not appropriate for publication, the BAP dismissed the appeal as moot. During the pending appeal, the Debtor's Chapter 11...
Judge(s):
JURY, KIRSCHER, and PAPPAS, Bankruptcy Judges.
Tag(s):

Arden v. Silas (In re Arden)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 10 years 8 months ago
Citation:
BAP Nos. CC-14-1186-DTaKu (July 2, 2015) (unpublished)
Ruling:
Creditor was not entitled to summary judgment on her § 523(a)(6) claim, based upon a prepetition malicious prosecution judgment against the Debtor. Although it was a "very close call," the...
Judge(s):
DUNN, TAYLOR and KURTZ, Bankruptcy Judges.
Tag(s):

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