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Christopher Marino v. Ocwen Loan Servicing

Summarizing by Joel Newell

In re Wagenknecht and Colbert

Citation:
19-1206 (10th Circuit, Aug 24,2020) Published
Case Status:
Reversed
Ruling:
Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...
Judge(s):
Briscoe, Ebel, Lucero
Tag(s):

In re Nations First Capital, LLC

Citation:
BAP No. EC-19-1201-GLB (9th Circuit, Jun 05,2020) Not Published
Case Status:
Reversed
Ruling:
The bankruptcy court abused its discretion by reconsidering a claim disallowance under section 502(j) and FRCP 60(b)(6)) despite finding that the claimant lacked a cogent excuse for failing to...
Judge(s):
GAN, LAFFERTY, and BRAND
Tag(s):

Carl Coslow v. William Reisz

Citation:
Case No. 19-6200, 2020 WL 2317493 (6th Circuit, May 11,2020) Published
Case Status:
Reversed
Ruling:
Whether property has value to estate determined at time of proposed abandonment. Although property had no equity as of petition date, Debtor's later motion to compel abandonment denied where...
Judge(s):
Moore, McKeague and Readler
Tag(s):

In re Dean Boland

Citation:
Nos. 19-3205/3211 (6th Circuit, Jan 03,2020) Published
Case Status:
Reversed
Ruling:
Court of Appeals for the Sixth Circuit reserved decision of Bankruptcy Court for the Northern District of Ohio, which discharged debt related to civil judgment for willful and malicious injury...
Judge(s):
McKEAGUE, BUSH, and NALBANDIAN, Circuit Judges
Tag(s):

In re Richard Black

Citation:
BAP No. NV-18-1351-FBH (9th Circuit, Dec 31,2019) Published
Case Status:
Reversed
Ruling:
1) A bankruptcy court cannot alter the "chapter 13 bargain" by confirming a modification to a debtor's chapter 13 plan, over the debtor's objection, that captures the appreciation to a debtor's...
Judge(s):
FARIS, BRAND, and HERCHER (the Honorable David W. Hercher, U.S. Bankruptcy Judge for the District ofOregon, sitting by designation)
Tag(s):

Umpqua Bank v. Carolyn Burke (In re Burke)

Citation:
BAP No. NC-18-1260-STaB (9th Circuit, Nov 25,2019) Not Published
Case Status:
Reversed
Ruling:
Debtor's 2009 bankruptcy discharge did not bar creditor from bringing an unjust enrichment action after creditor erroneously submitted an escrow demand that was too low when debtor sold her home in...
Judge(s):
Spraker, Taylor, Brand
Tag(s):

Zito v. Douglass Enterprises, LLC (In re Zito)

Citation:
AZ-18-1289-BFL, 2019 WL 3959627 (9th Circuit, Aug 21,2019) Published
Case Status:
Reversed
Ruling:
Creditor was not entitled to attorney's fees before prevailing in the state court litigation.
Judge(s):
Brand, Faris, Lafferty
Tag(s):

Serap v. Idnani (In re Serap)

Citation:
BAP No. NV-18-1077-BKuTa (9th Circuit, May 02,2019) Not Published
Case Status:
Reversed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy (D. Nev.) in 2-1 split, concluding Nevada's "one-action rule" renders a creditor's deed of trust void if, prior to the completion of the...
Judge(s):
Brand, Kurtz, Taylor
Tag(s):

City of Chicago v. Marilyn O. Marshall (In re Steenes)

Citation:
Nos. 17-3630, 17-3663 & 17-3664 (7th Circuit, Mar 14,2019) Published
Case Status:
Reversed
Ruling:
Bankruptcy court entered order maintaining property in the chapter 13 bankruptcy estate for the duration of the chapter 13 plan. Relying on § 1327(b), which provides: “[e]xcept as otherwise...
Judge(s):
Easterbrook, Rovner, and Hamilton
Tag(s):

Miller v. Gilliam & Rodriguez (In re Miller)

Citation:
BAP No. CC-18-1267-SFL (9th Circuit, Mar 11,2019) Not Published
Case Status:
Reversed
Ruling:
Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...
Judge(s):
Spaker, Faris, and Lafferty
Tag(s):

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