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Wicklund v. Robert D. Johnson Trust (In re Wicklund)

Citation:
BAP No. WW-14-1424-KiFJu (BAP 9th Cir. March 15, 2016) (Unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court’s (W.D. Wa.) orders denying Jeffrey’s claim of homestead exemption and denying chapter 13 debtor's motion to alter or amend the order...
Judge(s):
Kirscher, Faris, and Jury
Tag(s):

Providence Hall Associates Ltd Partnership v. Wells Fargo Bank, N.A.

Citation:
Slip Op. Mar. 11, 2016 (Case No. 15-2378 4th Cir. 2016)
Ruling:
After the district court dismissed a lender-liability action by a former Borrower against the Bank, the Court of Appeals affirmed the dismissal based on res judicata because during the time that...
Judge(s):
Diaz, Wilkinson and Niemeyer
Tag(s):

Bank of America, N.A. v Horizon Ridge Medical & Corporate Center, LLC (In re Horizon Ridge Medical & Corporate Center, LLC)

Citation:
BAP No. NV-14-1532-DJuKi (BAP 9th Cir. Feb. 23, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of bankruptcy court (D. Nev.), allowing fees for debtor's second bankruptcy counsel in the amount of $513k, notwithstanding confirmation of the lead...
Judge(s):
Dunn, Jury, Kirscher
Tag(s):

3.78 Irish Acres, LLC v. Ireland Empire Servicing Co., et al. (In re 3.78 Irish Acres, LLC)

Citation:
BAP No. NV-15-1096-JuKiD (BAP 9th Cir. Feb. 25, 2016) (unpublished)
Ruling:
In an unpublished ruling, the BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing an LLC's second chapter 7 filing based on claim and issue preclusion following...
Judge(s):
Jury, Kirscher, Dunn
Tag(s):

The Zuercher Trust of 1999 v. Schoenmann (The Zuercher Trust of 1999)

Citation:
9th Circuit BAP Case Nos. NC-14-1440-KuWJu and NC-14-1515-KuWJu (Not for Publication)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the sale of real property. In regards to the issue of The Zuercher Trust of 1999 ("Trust") and...
Judge(s):
Bankruptcy Judges KURTZ, WANSLEE, and JURY
Tag(s):

Arciniega v. Clark (In re Arciniega)

Citation:
BAP No. CC-15-1123-KiGD (BAP 9th Cir. Feb. 03, 2016)
Ruling:
In an unpublished decision, the BAP for the 9th Circuit affirmed in part, reversed in part, and vacated and remanded in part, the judgment of the bankruptcy court (C.D. Cal.) (a) excepting a debt...
Judge(s):
Kirscher, Gan (sitting by designation), and Dunn
Tag(s):

Village Green I, GP v. Federal National Mortgage Assoc. (In re Village Green I, GP)

Citation:
File Name 16a0018p.06; Docket No. 14-6521
Ruling:
Affirming the District Court for the Western District of Tennessee, the Sixth Circuit held that the single-asset real estate debtors' plan was not filed in good faith, and upheld dismissal of the...
Judge(s):
Guy, Moore and Kethledge; opinion by Kethledge
Tag(s):

Miller v. State of Utah, et al.

Citation:
Miller v. State of Utah, et al., No. 14-4155 (10th Cir. Jan. 12, 2016)
Ruling:
Tenth Circuit affirmed ruling of District Court (D. Utah) granting summary judgment in favor of governmental defendants based on sovereign immunity. Tenth Circuit agreed that claims for damages...
Judge(s):
Lucero, Gorsuch, McHugh
Tag(s):

Bruess v. Dietz (In re Bruess)

Citation:
Bruess v. Dietz (In re Bruess), Case No 15-6019 (9th Cir. B.A.P. 2015)
Ruling:
Debtor's interest in real property was not acquired until deed was recorded and did not transfer upon execution of deed. Debtor's exemption in property limited to $155,675.00 pursuant to section...
Judge(s):
Schermer, Saladino and Nail
Tag(s):

Summers v. Financial Freedom Acquisition LLC

Citation:
Summers v. Financial Freedom Acquisition LLC; Case No. 14-1930 (1st Cir. October 23, 2015)
Ruling:
Plaintiff lacked standing to challenge two mortgage assignments and mortgagee's failure to file claim in decedent's probate proceeding did not bar its recovery of sums due under a reverse mortgage...
Judge(s):
Howard, Chief Judge; Selya and Thompson, Circuit Judges.
Tag(s):

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