In re Kay Parker

Citation:
BAP No. EC-19-1079-BSF (9th Circuit, Feb 11,2020) Not Published
Case Status:
Affirmed
Ruling:
9th Cir. BAP affirmed ruling of bankruptcy court (ED Cal.) granting creditor's remand of unlawful detainer action to state court, after chapter 13 debtor removed it to bankruptcy court. Removal was...
Judge(s):
Brand, Spraker, Faris
Tag(s):

Ocwen Loan Servicing v. Marino (In re Marino)

Citation:
Nos. 18-60005, 18-60006, 18-60040, 18-60041 (9th Circuit, Feb 10,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. dismissed for lack of jurisdiction appeals from BAP's decision affirming bankruptcy court’s contempt orders issued against a creditor and reversing and remanding issue of punitive...
Judge(s):
Wallace, Murguia, Lasnik
Tag(s):

Sharon Rose v. Select Portfolio Servicing, et al

Citation:
19-50598 (5th Circuit, Dec 10,2019) Published
Case Status:
Affirmed
Ruling:
5th Circuit affirmed District Court (W.D. Tx.) grant of summary judgment in favor of creditors seeking foreclosure against former serial bankruptcy filer. Texas common law and Section 362(c)(3)(A)...
Judge(s):
Owen, Southwick and Willett
Tag(s):

Radiance Capital Receivables N v. Thomas Crow (In re Thomas Crow)

Citation:
BAP No. WY-18=083 & WY-18-086 (10th Circuit, Nov 26,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Wyo.), which overruled objections to chapter 7 debtor's claim of millions of dollars in exemptions in entireties property. Under Wyoming law, half of...
Judge(s):
Cornish, Hall, Loyd
Tag(s):

In re Shmuel Erde

Citation:
BAP No. CC-19-1023-STaL (9th Circuit, Nov 12,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) denying vexatious litigant's motion to vacate dismissal of bankruptcy 35 years prior. Bankruptcy court properly rejected debtor's...
Judge(s):
Spraker, Taylor, Lafferty
Tag(s):

In re Joseph and Judith Wilczak

Citation:
BAP No. NC-19-1038-FBG (9th Circuit, Nov 13,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing chapter 11 debtors' claim objection based on debtors' argument that signatures on mortgage documents were forgered,...
Judge(s):
Faris, Brand, Gan
Tag(s):

Randolph Sellers, et all v. Rushmore Loan Management Services

Citation:
3:15-cv-01106-TJC-PDB (11th Circuit, Oct 29,2019) Published
Case Status:
Reversed and Remanded
Ruling:
District court abused its discretion when determining that the preclusion/preemptive defense, that the Bankruptcy Code preempts the FDCPA and FCCPA, asserted by the loan servicer raised an...
Judge(s):
Wilson, J. Pryor, and Thapar
Tag(s):

Oya v. Wells Fargo, N.A. (In re Oya)

Citation:
BAP No. SC-19-1095-BKuL (9th Circuit, Oct 18,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (SD Cal.) retroactively annulling automatic stay after creditor with notice of bankruptcy proceeded with foreclosure sale. Bankruptcy court...
Judge(s):
Brand, Kurtz, Lafferty
Tag(s):

Ronald Martinez v. Wells Fargo Bank, N.A. (In re Martinez)

Citation:
BAP No. CC-19-1037-FSTa (9th Circuit, Oct 08,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to reconsider relief from stay order. Debtor failed to raise claim preclusion issue in objecting...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

Ronald Martinez v. Wells Fargo Bank, N.A. (In re Martinez)

Citation:
BAP No. CC-19-1037-FSTa (9th Circuit, Oct 08,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) denying chapter 13 debtor's motion for reconsideration of order deny debtor's motion to vacate relief from stay order. Order providing...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

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