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
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...
The BAP affirmed the order of the bankruptcy court concluding that the debtor had abandoned the subject property as his homestead and, therefore, was not permitted to claim a homstead exemption in it.
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...
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.
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...
Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 3 months 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Unpublished opinion affirming the Sixth Circuit BAP, which affirmed bankruptcy court rulings denying bank's motion for relief from the automatic stay and its objection to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
The decision of the bankruptcy court was affirmed. The debtor cannot claim a homestead exemption pursuant to Ohio state law in a home that is owned by an LLC of which the debtor holds the sole...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 4 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...
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...
