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Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 8 years 2 months ago
Citation:
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to...
Judge(s):
KIRSCHER, DUNN and JURY, Bankruptcy Judges
Tag(s):

Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 8 years 3 months ago
Citation:
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil...
Judge(s):
JURY, KIRSCHER, and DUNN, Bankruptcy Judges.
Tag(s):

Vehicle Market Research, Inc. v. Mitchell Intl., Inc.

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 6 months ago
Citation:
Vehicle Market Research, Inc. v. Mitchell International, Inc., No. 12-3333 (10th Cir. Sept. 17, 2014)
Ruling:
Tenth Circuit reversed trial court, ruling that judicial estoppel did not apply to bar claim by plaintiff where plaintiff's principal attested in bankruptcy that value of stock in company was...
Judge(s):
Kelly, Ebel, and Bacharach
Tag(s):

Nemcik v. Bank of America (In re Nemcik)

  • Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
  • 8 years 7 months ago
Citation:
Eleventh Circuit Court of Appeals case number 14-11290
Ruling:
The United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Middle District of Florida.
Judge(s):
United States Circuit Court of Appeals Judges Marcus, Martin and Anderson
Tag(s):

Lopez v. Bank of America (In re Lopez)

  • Summarized by Walter Kelley , Kelley, Lovett, Blakey & Sanders, P.C.
  • 8 years 7 months ago
Citation:
Lopez v. Bank of America (In re Lopez), Case No. 14-10518 (11th Cir. Sept.3, 2014)(unpublished)(per curiam)
Ruling:
The debtor may "strip off" or void a junior lien, where the amount of debt securing the senior lien exceeds the value of the house.
Judge(s):
Wilson, Rosenbaum, Fay
Tag(s):

Minnesota Housing Finance Agency v. Schmidt (In re Schmidt)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 7 months ago
Citation:
Minnesota Housing Finance Agency v. Schmidt (In re Schmidt), No. 13-2447 (8th Cir. 2014)
Ruling:
Eighth Circuit Court of Appeals affirmed U.S. District Court, which affirmed bankruptcy court's confirmation of Chapter 13 plan over objection of creditor. Issue was whether Chapter 13 debtor...
Judge(s):
Colloton, Shepherd, Kelly
Tag(s):

Galloway v. Ford (In re Galloway)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 8 years 7 months ago
Citation:
Galloway v. Ford (In re Galloway), 9th Cir. B.A.P., (AZ-13-1085-PaKiTa) August 27, 2014 [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling of the bankruptcy court which denied Debtors’ 2nd motion to dismiss their chapter 7 case as well as...
Judge(s):
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
Tag(s):

In re Cain

Citation:
14 FED App.0005P (6th Cir.) (BAP)
Ruling:
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s):
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
Tag(s):

Bank of America v. Caulkett

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 8 years 9 months ago
Citation:
D.C. Docket No. 6:14-cv-00078-GAP; 6:13-bk-05337-KSJ
Ruling:
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
Judge(s):
Marcus, Pryor, Edmondson, Circuit Judges
Tag(s):

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