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Gordon v. Pappalardo (In re Gordon)

Citation:
Gordon v. Pappalardo (In re Gordon), BAP No. 12-060 (BAP 1st Cir. March 13, 2013) (for publication
Ruling:
In this appeal by a debtor in her chapter 13 case, the Bankruptcy Appellate Panel for the First Circuit (the "BAP") affirmed, after de novo review, the bankruptcy court’s order sustaining the...
Judge(s):
Haines, Tester, and Godoy, United States Bankruptcy Appellate Panel Judges
Tag(s):

Wells Fargo Bank National Association v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.)

Citation:
Wells Fargo Bank, NA v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.), Case No. 11-11109 (5th Cir. Mar. 1, 2013)
Ruling:
Affirmed confirmation of Chapter 11 cramdown plan and the Debtors' Till-based prime-plus formula for cramdown interest rate over secured lender's objection that a market-based adjustment to prime...
Judge(s):
Higginbotham, Elrod, Haynes
Tag(s):

Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.)

Citation:
No. 12-10271 (5th Cir. February 26, 2013).
Ruling:
Joining with the Ninth Circuit’s conclusion in Matter of L&J Anaheim Associates, 995 F.2d 940 (9th Cir. 1993), the Fifth Circuit held that the Bankruptcy Code does not distinguish between...
Judge(s):
Higginbotham, Clement, and Haynes.
Tag(s):

Culhane v. Aurora Loan Services of Nebraska

  • Summarized by Andrea O'Connor , Hendel & Collins, P.C.
  • 13 years 3 weeks ago
Citation:
Culhane v. Aurora Loan Services of Nebraska, Case No. 12-1285 (February 15, 2013 1st Cir.)
Ruling:
In the circumstances of this case, a mortgagor in Massachusetts has standing to contest the validity of the mortgage assignment made from MERS to the foreclosing entity. However, the Court held...
Judge(s):
Lynch, Chief Judge Souter*, Associate Justice Selya, Circuit Judge *Hon. David H. Souter, Associate Justice (Ret.) of the Supreme Court of the United States, sitting by designation.
Tag(s):

Sherzer v. Homestar Mortgage Services

  • Summarized by Manuel Arreaza , Consumer Financial Protection Bureau
  • 13 years 1 month ago
Citation:
Sherzer v. Homestar Mortgage Services, No. 11-4254 (3d Cir. Feb. 5, 2013)
Ruling:
In precedential decision, the Third Circuit held that an obligor may exercise her right to rescind a loan subject to TILA by notifying the creditor in writing within the three-year statutory...
Judge(s):
Sloviter, Rendell and Hardiman, Circuit Judges
Tag(s):

State Bank of Florence v. Miller (In re Miller)

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 13 years 1 month ago
Citation:
File name: 13a0134n.06; Case No. 11-2357
Ruling:
Unpublished opinion affirming the Sixth Circuit BAP, which affirmed bankruptcy court rulings denying bank's motion for relief from the automatic stay and its objection to confirmation of the...
Judge(s):
Cook, Stranch and Stamp (Dist. Judge, N.D. WV); opinion by Stranch
Tag(s):

Babian v. Tamamian (In re Babian)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 13 years 2 months ago
Citation:
Case No. CC-12-1226-BePaMk (B.A.P. 9th Cir. 2013)
Ruling:
VACATING the bankruptcy court's entry of summary judgment and REMANDING for further proceedings, the Bankruptcy Appellate Panel for the Ninth Circuit held that: (1) the bankruptcy court improperly...
Judge(s):
Beesley, Pappas, and Markell
Tag(s):

Royal v. First Interstate Bank (In re Trierweiler)

Citation:
10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.
Ruling:
AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no...
Judge(s):
Thurman, Brown and Somers.
Tag(s):

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