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United Bank v. Buckingham

Summarizing by Shane Ramsey

Davis.v. Asphalt Professionals, Inc. (In re Davis)

Citation:
BAP Nos. CC-18-1158-FKuTa & CC-18-1163-FkuTa (9th Circuit, Jan 31,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed defense judgment of bankruptcy court (CD Cal.) on creditor's 11 USC 523/727 suit. Bankruptcy court correctly followed California discretionary law of issue preclusion...
Judge(s):
Faris, Kurtz, Taylor
Tag(s):

Roach v. Marshack (In re Roach)

Citation:
No. CC-18-1144-KuTaF, 2019 WL 408628 (9th Circuit, Jan 29,2019) Not Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Kurtz, Taylor, Faris
Tag(s):

CRP Holdings A-1, LLC v. O`Sullivan (In re O`Sullivan)

Citation:
No. 17-3226, 2019 WL 406685 (8th Circuit, Feb 01,2019) Published
Case Status:
Affirmed
Ruling:
Creditor's recording of a notice of foreign judgment created a cloud on debtor's title on his exempt homestead. Bankruptcy court could apply section 522(f) to clear the cloud on the title.
Judge(s):
Smith, Melloy, Stras
Tag(s):

Brace v. Speier (In re Brace)

Citation:
No. CC-18-1172-LSTa, 2019 WL 167783 (9th Circuit, Jan 11,2019) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
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.
Judge(s):
Lafferty, Spraker, Taylor
Tag(s):

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

Citation:
No. 18-6022, 2019 WL 177965 (8th Circuit, Jan 14,2019) Not Published
Case Status:
Dismissed
Ruling:
A foreclosure sale in a bankruptcy case is not subject to modification by an appellate court unless the appellant receives a stay pending appeal.
Judge(s):
Saladino, Nail, Dow
Tag(s):

IN RE; RAEL

Citation:
No. 18-8026 (10th Circuit, Dec 07,2018) Published
Case Status:
Affirmed
Ruling:
Tenth Circuit affirmed ruling of U.S. District Court (D. Wyo.), which affirmed rulings and reversed rulings of bankruptcy court. Notwithstanding post-confirmation closing of chapter 11 case,...
Judge(s):
Lucero, Kelly, Phillips
Tag(s):

IN RE; REVEL AC INC.

Citation:
Case No. 17-3607 (UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT) (3rd Circuit, Nov 30,2018) Published
Case Status:
Affirmed
Ruling:
IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
Judge(s):
AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
Tag(s):

IN RE: BRACE, JR.

Citation:
No. 17-60032 (9th Circuit, Nov 08,2018) Published
Case Status:
Dismissed
Ruling:
9th Cir. certified question for California Supreme Court regarding conflicting presumptions in real property ownership related to community property and title in deed. Community property...
Judge(s):
Callahan, Nguyen, Ezra
Tag(s):

HSBC BANK USA, N.A. v CRUM

Citation:
No. 17-11206 (5th Circuit, Oct 17,2018) Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Stewart, Wiener, Higginson
Tag(s):

Ress Financial Corp. v. Beaumont 1600, LLC

Citation:
BAP No. CC-17-1357-LLsTA & CC-17-1387-LLsTa (9th Circuit, Sep 07,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed and remanded contempt citation of bankruptcy court (CD Cal.) finding the court made inadequate findings to support ruling. Bankruptcy court failed to find that...
Judge(s):
Lafferty, Taylor, Lastreto
Tag(s):

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