Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 8 months ago
Citation:
File Name: 14a0709n.06; Docket No. 13-2522
Ruling:
In an unpublished opinion, the Sixth Circuit Court of Appeals affirmed the summary judgment dismissal of the plaintiff's complaint alleging wrongful foreclosure and slander of title. The Court of...
Judge(s):
Gibbons, McKeague and Stafford; opinion by McKeague
Highway 82/Fannin Joint Venture v. Capital One Bank (In re: Highway 82/Fannin Joint Venture), No. 13-41146 (5th Cir. Sept. 9, 2014) (per curiam).
Ruling:
Affirmed dismissal of Debtor/Plaintiff's adversary proceeding for failure to state a claim based on the theory of quasi-estoppel, which Debtor/Plaintiff alleged entitled it to a release of Capital...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 8 months ago
Citation:
Agri Star Meat & Poultry, LLC v. Nevel Properties Corp., 8th Cir. Court of Appeals, No. 13-1161, August 28, 2014
Ruling:
The 8th Circuit Court of Appeals upheld the ruling by the 8th Circuit district court and the bankruptcy court which concluded that SHF did not have any rights to a well located on land owned by...
Judge(s):
RILEY, Chief Judge, MELLOY and BENTON, Circuit Judges.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 9 months ago
Citation:
Negrete v. Citizens State Bank (In re Negrete), 9th Cir. Bankruptcy Appellate Panel (BAP), CC-13-1557-PaKiTa (August 7, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the Bankruptcy Appellate Panel affirmed the bankruptcy court’s order denying Debtor's motion for reconsideration of an order denying his motion for contempt.
Kapnick v. Schoenmann (in re Kostlan), AP No. 13-1506 (9th Cir. BAP, Aug, 4, 2014) (unpublished).
Ruling:
The order of the bankruptcy court is VACATED, and the matter is REMANDED for the bankruptcy court to make a co-liability determination as a required element under 11 USC 502 (e) (1) (B).
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 9 months ago
Citation:
Vidov v. Marshak (In re Vidov), 9th Cir. B.A.P., CC-13-1421-KuB1Pa, CC-13-1466-KuB1Pa, (2014) [Not for Publication]
Ruling:
In an unpublished opinion, the bankruptcy appellate panel affirmed the bankruptcy court’s summary judgment ruling. The bankruptcy court ruled that most of the alleged misrepresentations,...
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.
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
11 years 10 months ago
Citation:
Case No. 13-2756 (July 2, 2014)
Ruling:
Successful slander of title suit under Illinois state law satisfied the nondischargeability requirements of 523(a)(2) and 523(a)(6), such that Debtor was collaterally estopped from asserting as a...
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.