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Reeves v. Callaway

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 12 years 3 months ago
Citation:
Reeves v. Callaway, 2013 U.S. App. LEXIS 23358, Case No. 12-2127 (4th Cir. Nov. 20, 2013) (unpublished) (per curiam)
Ruling:
PER CURIAM Affirming the Bankruptcy Court and District Court holdings: Debtors' Residence remained property of the bankruptcy estate despite the bankruptcy court allowing Debtors to reserve an...
Judge(s):
Judges Dennis W. SHEDD and James A. WYNN, Jr., and Senior Judge Clyde H. HAMILTON
Tag(s):

In re B.R. Brookfield Commons

  • Summarized by Melissa De Groff , Kroger, Gardis & Regas, LLP
  • 12 years 4 months ago
Citation:
-- F.3d --, 2013 WL 5881565 (7th Cir. 2013)
Ruling:
Claim based on a non-recourse second mortgage must be allowed pursuant to Bankruptcy Code section 1111(b(1)(A), which requires only that the claim be secured by a lien on property of the estate,...
Judge(s):
Bauer, Flaum, and Rovner.
Tag(s):

Heritage Pacific Financial, LLC v. Montano (In re Montano)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 4 months ago
Citation:
Heritage Pacific Financial, LLC v. Montano (In re Montano), NC-12-1579-PaDJu (9th Cir. BAP Nov. 1, 2013)
Ruling:
Ninth Circuit BAP affirmed rulings of Bankruptcy court for the Northern District of California granting summary judgment dismissing lender's 11 USC 523(a)(2) complaint. BAP affirmed that lender's...
Judge(s):
Pappas, Dunn, and Jury
Tag(s):

Colbourne v. Ocwen (In re Colbourne)

  • Summarized by Stephen Starks , Phelan Hallinan Diamond & Jones PLLC
  • 12 years 4 months ago
Citation:
Greg F. Colbourne v. Ocwen 12-14722(11th Cir Oct, 2013) (unpublished)(per curiam)
Ruling:
Circuit Court affirmed bankruptcy court ruling that because Debtor ineligible for a Chapter 13 discharge he could not cram down the value on first-priority liens on investment properties in his...
Judge(s):
Circuit Judges Martin, Fay, Edmondson
Tag(s):

Keith v. Exchange Bank (In re Keith)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 12 years 5 months ago
Citation:
B.A.P. 9th Cir. Oct. 3, 2013 (Not for Publication)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit held that the lender did not meet its burden of proof to establish that a portion of the debt owed by the debtor was nondischargeable under a...
Judge(s):
Dunn, Pappas and Jury
Tag(s):

Hassen Imports Partnership, et al. v. City of West Covina (In re Hassen Imports Partnership)

Citation:
Hassan Imports Partnership, et al. v. City of West Covina, et al (In re Hassan Imports Partnership), CC-13-1019 (BAP 9th Cir. August 19, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit ("9th Cir BAP") affirmed (a) an order of the bankruptcy court granting the motion of appellees to convert Debtor's case from chapter 11 to...
Judge(s):
Bankruptcy Judges KIRSCHER, PAPPAS and DUNN
Tag(s):

Randall L. Seaver, Trustee v. New Buffalo Auto Sales (In re Hecker)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 7 months ago
Citation:
No. 13-6005, --- B.R. --- (B.A.P. 8th Cir. Aug. 8, 2013)
Ruling:
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (the “BAP”) held that (1) a junior lienholder lacked a cognizable injury...
Judge(s):
Federman, Chief Judge, Saladino and Nail, Bankruptcy Judges.
Tag(s):

A.B.C. Learning Centres Ltd. v. RCS Capital Development, LLC (In re RCS Capital Development, LLC; American Childcare Properties, LLC)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 7 months ago
Citation:
(In re: RCS Capital Development) 9th Cir. B.A.P. No. AZ-12-1626-JuTaAh (July 16, 2013) NOT FOR PUBLICATION
Ruling:
Affirmed--In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel upheld the ruling by the bankruptcy court to confirm the Chapter 11 plan of RCS Capital Development. A.B.C. Learning...
Judge(s):
Bankruptcy Judges: Alan Ahart, Meredith Jury, Laura Taylor
Tag(s):

Palomar v. First American Bank

  • Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
  • 12 years 8 months ago
Citation:
(7th Cir., No. 12-3492)
Ruling:
Chapter 7 debtor cannot strip-off a wholly-unsecured mortgage. The Seventh Circuit distinguished the ability to strip-off wholly-unsecured mortgages in Chapter 13 because "[t]he strip-off right in...
Judge(s):
Posner, Manion, and Rovner
Tag(s):

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