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Wayne Lyle, et al v. Fulcrum Loan Holdings, LLC, et al

Summarizing by Paris Gyparakis

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The Prudential Insurance Company of America v. City of Boston (In re SW Boston Hotel Venture, LLC)

Citation:
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
Tag(s):

Kaler v. Charles (In re Charles)

  • Summarized by Lars Fuller , BakerHostetler
  • 13 years 8 months ago
Citation:
Kaler v. Charles (In re Charles), No. 12-6016 (B.A.P. 8th Cir. July 16, 2012)
Ruling:
Affirming bankruptcy court's denial of debtor's discharge under section 727(a)(4)(A) (debtor knowingly or fraudulently made a false oath).
Judge(s):
Bankruptcy Court (trial): Shon Hastings (D.N.D.); B.A.P. 8th Circuit (appeal): Hon. Barry Schermer (author of opinion), Hon. Robert Kressel (Chief Judge), and Hon. Jerry Venters
Tag(s):

In re Creekside Senior Apartments, LP

Citation:
Case No. 11-8072, B.A.P. No. 10-53019 (6th Cir. E.D. Kentucky)
Ruling:
AFFIRMING bankruptcy court's order setting the market value of the Debtors' low-income housing tax credit properties and overruling the Debtors' and General Partners' Valuation Objection and Motion...
Judge(s):
Harris, Preston, and Shea-Stonum.
Tag(s):

Soule v. Willcut (In re Willcut)

  • Summarized by Aletheia Allen , New Mexico Court of Appeals
  • 13 years 9 months ago
Citation:
Soule v. Willcut (In re Willcut), BAP Case No. 11-023 (10th Cir. B.A.P. May 29, 2012)
Ruling:
AFFIRMING the bankruptcy court's order, the 10th Circuit Bankruptcy Appellate Panel held that the phrase "value of an interest in . . . real [ ] property" in Section 522 of the Bankruptcy Code is...
Judge(s):
Nugent, Karlin, and Romero, Bankruptcy Judges.
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):

In re Calloway

  • Summarized by James Morgan , Howard & Howard
  • 13 years 11 months ago
Citation:
In re Calloway, ___ B.R. ___ (B.A.P. 6th Cir. 2012)(unpublished)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed the bankruptcy court’s order denying the Chapter 13 co-debtors’ motion seeking relief from the order...
Judge(s):
Fulton, Harris, and Shea-Stonum, Bankruptcy Appellate Panel Judges
Tag(s):

Rossi v. Westenhoefer (In re Rossi)

Citation:
No. 11-8048 (B.A.P. 6th Cir. 2012), decided March 20, 2012 (limited precedential effect per 6th Cir. BAP LBR 8013-1(b))
Ruling:
Before the bankruptcy court may assert judicial estoppel to prevent a Chapt. 7 debtor from amending schedules and exemptions to increase asset valuations, the debtor must be given the opportunity...
Judge(s):
Fulton, Harris, and Preston
Tag(s):

In re Perales

  • Summarized by James Morgan , Howard & Howard
  • 14 years 5 days ago
Citation:
In re Perales, ___ B.R. ___ (B.A.P. 6th Cir. 2012)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed a bankruptcy court’s order granting the Chapter 7 debtor’s motion to redeem his motor vehicle for the lump...
Judge(s):
Emerson, McIvor, and Preston, Bankruptcy Appellate Panel Judges
Tag(s):

Banks v. Kondaur Capital Corp. (In re Banks)

Citation:
Banks v. Kondaur (In re Banks) Case No. 11-6025 - 8th Circuit (BAP October 2011)
Ruling:
Reverse and remand to bankruptcy court its previous summary judgment in favor of Defendant Kondaur Mortgage Corp. Specifically, in this case, because there was a material issue of fact regarding...
Judge(s):
Venters, Federman and Saladino - Bankruptcy Judges for the BAP.
Tag(s):

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