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Keys v. 701 Mariposa Project, LLC

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 7 months ago
Citation:
BAP No. CC-13-1329-KuBlPa; In re 701 Mariposa Project, LLC, -- B.R. -- (9th BAP 2014)
Ruling:
The 9th Circuit BAP reversed and remanded the bankruptcy court's decisions wherein the BAP held that even though the Debtor's service of process was defective it did not violation the creditor's...
Judge(s):
Hon. Kurtz; Hon. Blumenstiel (sitting by designation); and Hon. Pappas.
Tag(s):

Bulan v. Calloway

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 11 years 7 months ago
Citation:
U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2013, Docket No. 12‐1603‐bk
Ruling:
Affirmed District Court affirming Bankruptcy Court's determination that New York State's increased homestead exemption, from $10,000 to $50,000, applied to judgment liens existing before the...
Judge(s):
Circuit Judges: Richard C. Wesley and Christopher F. Droney, and District Court Judge Vincent L. Briccetti (SDNY) sitting by designation.
Tag(s):

Crawford v. Franklin Credit Mgmt Corp.

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 11 years 7 months ago
Citation:
2nd Cir. Court of Appeals, Docket No. 13-2514, Decided July 11, 2014
Ruling:
Reversed district court on dismissing TILA and common law fraud claims, based on estoppel and lack of standing. Affirmed denial of plaintiff's motion for summary judgment and granting defendants'...
Judge(s):
Kearse, Jacobs, and Lynch
Tag(s):

Sethi v. Wells Fargo Bank (In re Sethi)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 8 months ago
Citation:
In re Sethi, 13-1312 (9th BAP June 30, 2014)
Ruling:
In the unpublished decision, the 9th Circuit BAP ruled that the bankruptcy court's order denying the debtor's discharge pursuant to 11 U.S.C. Sec. 727 did not make sufficient findings to support...
Judge(s):
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
Tag(s):

Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).

Citation:
Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).
Ruling:
Appellate Panel of 10th Circuit holds that secured creditor is "adequately protected" under Section 363(e) when the value of property securing creditor's claim exceeds the creditor's claim by a...
Judge(s):
Judge Michael, Judge Jacobvitz, and Judge Marker
Tag(s):

Starr International Co., Inc. v. Federal Reserve Bank of New York

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 12 years 1 month ago
Citation:
Starr International Co., Inc. v. Federal Reserve Bank of New York, Case No. 12-5022, (2nd Cir. January 29, 2014)
Ruling:
State law fiduciary duty standard does not apply to Federal Reserve Bank of New York (“FRBNY”) performing “general fiscal duties of the United States,” as “instrumentality of the federal...
Judge(s):
Walker, Livingston, and Chin
Tag(s):

Vazquez v. AAA Blueprint & Digital Reprographics (In re Vazquez)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 2 months ago
Citation:
Ninth Cir. BAP Case No. CC-13-1014-KuBaPa
Ruling:
In the unpublished decisions, the Ninth Circuit BAP agreed with the Bankruptcy Court. The BAP ruled that Debtor's subjective motive for transferring Alliance's assets meets Section 523(a)(6)...
Judge(s):
Honorable Kurtz, Ballinger (sitting by designation), and Pappas
Tag(s):

Mele v. Mele (In re John Peter Mele)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 3 months ago
Citation:
9th Cir. BAP Case No. WW-13-1173-DTaKU
Ruling:
The Ninth Circuit BAP reversed the Bankruptcy Court’s ruling in the Western District of Washington. The BAP held that the Bankruptcy Court erred as a matter of law in determined that Washington...
Judge(s):
Dunn, Taylor, and Kurtz
Tag(s):

Davin v. Johnson (In re Calderon)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 4 months ago
Citation:
BAP Case No. EC-13-1010-JuKiPa (October 28, 2013)
Ruling:
In the unpublished decision, the BAP affirmed the bankruptcy court’s order denying his motion for leave to file a late proof of claim (POC) and a complaint for 11 U.S.C. § 523...
Judge(s):
Hon. JURY, KIRSCHER, and PAPPAS.
Tag(s):

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