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Shirley v. Smith (In re Shirley)

  • Summarized by Adam Kunst , Casner & Edwards, LLP
  • 13 years 9 months ago
Citation:
Shirley v. Smith (In re Shirley) Case No. 12-6012 (B.A.P. 8th Cir. June 15, 2012)
Ruling:
Under the Iowa Homestead statute, moving over two miles and declaring a new homestead is not a change in the limits of the homestead, and will not serve to extend the old homestead's exemption to...
Judge(s):
Federman, Saladino, Nail
Tag(s):

Bank of New York Mellon Trust Co., N.A. v. Tysons Financial, LLC (In re Botero-Paramo)

  • Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
  • 13 years 9 months ago
Citation:
Bank of New York Mellon Trust Co., N.A. v. Tysons Financial, LLC (In re Botero-Paramo), Slip Opinion, June 8, 2012, Case No. 11-1886 (4th Cir. 2012).
Ruling:
The Fourth Circuit Court of Appeals affirmed the District Court which had affirmed the Bankruptcy Court. In an extremely fact specific unpublished opinion, all of the courts considering the facts...
Judge(s):
Chief Judge Traxler, Circuit Judges King and Duncan.
Tag(s):

In re Heritage Highgate, Inc.

  • Summarized by ,
  • 13 years 10 months ago
Citation:
In re Heritage Highgate, Inc. and Heritage Twin Ponds, L.P., Debtors, Case No. 11-1889, ---F.3d ---- (3d Cir. May 14, 2012)(slip opinion) (Rendell, J.)
Ruling:
First, real estate is to be valued under Section 506(a) at fair market replacement value as of the date of Chapter 11 Plan confirmation. Second, lien-stripping is allowed in a Chapter 11...
Judge(s):
Rendell, Fisher, and Chagares, Circuit Judges.
Tag(s):

First Yorkshire Holdings, Inc. v. Pacifica L 22, LLC (In re First Yorkshire Holdings, Inc.)

  • Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
  • 13 years 10 months ago
Citation:
BAP No. CC-11-1144-KiMkH (9th Cir. May 10, 2012)
Ruling:
Vacated and remanded the bankruptcy court's order granting a Stay Relief Order under § 362(d)(2) and granting relief under § 362(d)(4). Finding the bankruptcy court abused its discretion by...
Judge(s):
KIRSCHER, MARKELL, and HOLLOWELL
Tag(s):

Scotiabank de Puerto Rico v. Brito (In re The Plaza Resort at Palmas, Inc.)

  • Summarized by Bodie Colwell , Preti Flaherty LLP
  • 13 years 10 months ago
Citation:
In re The Plaza Resort at Palmas, Inc., No. 09-09980 (B.A.P. 1st Cir. April 25, 2012)
Ruling:
AFFIRMING the bankruptcy court, the B.A.P. found that both the record on appeal and the law of Puerto Rico amply supported the bankruptcy court’s rejection of the allegations of the complaint and...
Judge(s):
Haines, Hillman, and Boroff
Tag(s):

In re Jonathan M. Webb

  • Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
  • 13 years 11 months ago
Citation:
In re Jonathan M. Webb [No. 11-8016] (6th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel held that: (i) the doctrine of lis pendens did not preclude certain real property from becoming property of the debtor's bankruptcy estate, (ii) the...
Judge(s):
Emerson, Fulton and Preston.
Tag(s):

Trilogy Development Co., LLC v. J.E. Dunn Construction Co. (In re Trilogy Development Co., LLC)

  • Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
  • 13 years 11 months ago
Citation:
Case No. 12-6008 (8th Cir. Apr. 5, 2012)
Ruling:
Affirmed bankruptcy court's order holding that mechanic liens attach to an earnest money deposit of the highest bidder at an auction sale of the property, who failed to purchase the property. Such...
Judge(s):
KRESSEL, SALADINO and NAIL
Tag(s):

LRI III, Ltd. v. Halla (In re LRI III, Ltd.)

Citation:
No. 11-10445 (5th Cir. March 9, 2012) (unpublished opinion and not precedent except as provided by 5TH CIR. R. 47.5.4)
Ruling:
The Fifth Circuit Court of Appeals agreed with the bankruptcy court and held that a Chapter 11 plan was ambiguous because (1) it did not explicitly state the manner in which a subordinated creditor...
Judge(s):
Reavley, Elrod and Haynes
Tag(s):

SunTrust Bank, N.A. v. Macky (In re McCormick)

  • Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
  • 14 years 4 weeks ago
Citation:
SunTrust Bank, N.A. v. Macky (In re McCormick), No. 10-2027, --- F.3d ----, 2012 WL 414667 (4th Cir. Feb. 10, 2012).
Ruling:
The same notice imputed to a bona fide purchaser is that which is enjoyed by a trustee pursuant to 11 U.S.C. § 544(a)(3), thus permitting the trustee under applicable North Carolina law to rely...
Judge(s):
Hon. Paul V. Niemeyer, Hon. G. Steven Agee, and Hon. James A. Wynn, Jr.
Tag(s):

In re River East Plaza, LLC

Citation:
Case No. 11-3263 (7th Cir. Jan 19, 2012)
Ruling:
A secured creditor can object to a plan to protect its lien from unfavorable treatment, but a plan can be crammed down over objection provided one of three subsections of Bankruptcy Code §...
Judge(s):
Posner, Flaum, Sykes
Tag(s):

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