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Volo provides ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal and the Bankruptcy Appellate Courts. Volunteer members provide a summary of each new opinion within 24 hours of their release, and each summary includes the full text of the opinion, the case status, a citation, and the judges involved. Users can also subscribe to email alerts from the circuits that interest them most.

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Avila v. CitiMortgage, Inc.

Summarized by Kurt Carlson , Carlson Dash LLC
10 years 8 months ago

Citation:: Avila v. CitiMortgage, Incorporated, Court of Appeals, 7th Circuit 2015 (unpublished)

Ruling:

(1) A provision in a mortgage contract that places the proceeds from a homeowner’s insurance claim with the lender during repair and restoration does not create a fiduciary relationship between...

Judge(s):

Sykes

Tag(s):

Beardsley v. Rabobank (In re Beardsley)

Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
10 years 8 months ago

Citation:: 9th Cir. BAP No. NC-14-1230-DKiTa (August 28, 2015) (unpublished)

Ruling:

Bank held a 2nd position deed of trust and filed a secured proof of claim. It later became clear the lien had no value, and it was a solvent estate. The Bank made a motion under § 506(a) seeking...

Judge(s):

DUNN, KIRSCHER AND TAYLOR, Bankruptcy Judges.

Tag(s):

Cantarella v. Herrera (In re Cantarella)

Summarized by Joel Newell , Ballard Spahr, LLP
10 years 8 months ago

Citation:: 9th Circuit Bankruptcy Appellate Panel Case No. CC-14-1316-KiTaPa (August 26, 2015) - Not for Publication

Ruling:

The 9th Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's order and judgment excepting certain debts of the Debtor. To establish an exception from discharge the plaintiff...

Judge(s):

KIRSCHER, PAPPAS and TAYLOR, Bankruptcy Judges

Tag(s):

Ferrante v. Casey (In re Ferrante)

Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 8 months ago

Citation:: In re Ferrante, No. CC-14-1222-KiTaPa (9th Cir. B.A.P. Aug. 26, 2015).

Ruling:

A qualified personal residence trust (“QPRT”) fails, and its assets revert to the grantor and become property of the estate upon the grantor’s bankruptcy, if the trust contains a prohibited...

Judge(s):

Ralph B. Kirscher, Laura S. Taylor, and Jim D. Pappas, Bankruptcy Judges.

Tag(s):

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