In an unpublished opinion, the United States Bankruptcy Appellate Panel of the Ninth Circuit affirmed the holding of the United States Bankruptcy Court for the District of Arizona, finding that: a)...
Judge(s):
Honorable Judge Jim D. Pappas, Honorable Judge Frank L. Kurtz and Honorable Judge Randall L. Dunn
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
12 years 3 months ago
Citation:
In re Hardcastle, No. EC-13-1072-PaJuKi (9th Cir. B.A.P. Nov. 7, 2013).
Ruling:
A collateral-valuation order determining that a claim must be treated as an unsecured claim in any chapter 13 plan requires that the claim be treated as an allowed unsecured claim, even if the...
Judge(s):
Pappas, Jury, and Kirscher, Bankruptcy Appellate Panel Judges.
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Greg F. Colbourne v. Ocwen 12-14722(11th Cir Oct, 2013) (unpublished)(per curiam)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...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
12 years 7 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...
8th Cir. (BAP July 8, 2013 - Appeal from Bankruptcy Court Eastern District of Missouri) - Case No 12-6061
Ruling:
AFFIRMING the bankruptcy court's ruling that a state law exception which allowed the debtor to use a state law exemption for her homestead against a single creditor.
ML-CFC 2006-3 Seasons, LLC v. Seasons Partners LLC, Case No. 10-00772 (9th Circ. June 25, 2013) (Not for Publication)
Ruling:
The Ninth Circuit DISMISSED creditor's appeal of confirmation of Debtor's plan as equitably moot because creditor failed to seek a stay pending the appeal. Court also noted that even had a stay...
Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)
Ruling:
In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of...
Judge(s):
Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.
In re Lewis and Clark Apartments, LP, ---F.3d --- (8th Cir. BAP October 11, 2012) (Federman, J.)
Ruling:
REVERSING and REMANDING, the 8th Cir. BAP held that a challenge to a valuation decision based on law and not fact is an appealable interlocutory order because the legal bases for valuation affect...
Prudential Ins. Co. v. City of Boston (In re SW Boston Hotel Venture, LLC), BAP NOS. MB 11-079, MB 11-082, MB 11-085, MB 11-086; Bankr. Case No. 10-14535-JNF (B.A.P. 1st Cir. Oct. 1, 2012)
Ruling:
In a dispute between a developer-debtor and its primary secured lender, the BAP AFFIRMED the bankruptcy court's decision to calculate postpetition interest (506(b)) owing to the lender at the...
Judge(s):
Haines, Deasy, and Tester, United States Bankruptcy Appellate Panel Judges
