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Latus v. Shumate Spokane, LLC (In re Shumate Spokane, LLC)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 10 years 8 months ago
Citation:
Latus v. Shumate Spokane, LLC (In re Shumate Spokane, LLC), BAP No. EW-14-1302-TaPaJu, 2015 WL 5013358 (B.A.P. 9th Cir. Aug. 25, 2015)
Ruling:
Affirming the bankruptcy court, the Bankruptcy Appellate Panel for the Ninth Circuit held that (1) the debtor’s former employees’ claim seeking to surcharge the debtor’s secured lenders under...
Judge(s):
Taylor, Pappas, Jury, Bankruptcy Judges
Tag(s):

Wickam v. Ivar (In re Werner)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 10 years 8 months ago
Citation:
Wickam v. Ivar (In re Werner), BAP No. CC–14–1314–TaKuD, 2015 WL 5048151 (B.A.P. 9th Cir. Aug. 25, 2015)
Ruling:
Concluding that the bankruptcy court failed to make sufficient or complete findings with respect to the creditors/plaintiffs’ claims arising from failed real estate investments and each element...
Judge(s):
Taylor, Dunn, and Kurtz, Bankruptcy Judges
Tag(s):

Sheedy v. Deutsche Bank National Trust Co. (In re Sheedy)

  • Summarized by Michael Sugar , Commonwealth of Massachusetts
  • 10 years 8 months ago
Citation:
Sheedy v. Deutsche Bank National Trust Company et al. (In re Sheedy) 14-1246
Ruling:
The Court ruled that Laura Sheedy (the "Debtor") Truth in Lending Act claim for rescission was time barred because refinancing occurred in 2004 and the Debtor did not bring a claim under TILA until...
Judge(s):
Howard, Torruella and Kayatta
Tag(s):

Venture Bank v. Lapides

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 10 years 8 months ago
Citation:
Venture Bank v. Lapides (In re Lapides), Case No. 14-3085 (8th Cir., August 25, 2015)
Ruling:
Post-petition Change in Terms Agreement on third mortgage executed post-discharge and payments made thereunder were involuntary because agreement did not comply with the requirements of a...
Judge(s):
Loken, Bye, and Kelly, Circuit Judges
Tag(s):

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