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Pliler v. Stearns (In re Pliler)

  • Summarized by James Clarke , Akin Gump Strauss Hauer & Feld LLP
  • 12 years 1 week ago
Citation:
Pliler v. Stearns (In re Pliler), Case No. 13-1445 (4th Cir. Mar. 28, 2014)
Ruling:
In a published opinion, the Fourth Circuit affirmed the bankruptcy court holding that above-median debtors are obligated to maintain chapter 13 plans for 5 years where unsecured creditors are not...
Judge(s):
Duncan, Wynn, and Thacker (Opinion written by Wynn)
Tag(s):

Kelly v. Merrill (In re Merrill)

  • Summarized by Jon Powers , White and Williams LLP
  • 12 years 1 week ago
Citation:
BAP Case No. CC-13-1370-KuPaTa
Ruling:
Affirmed a bankruptcy court's ruling that a lender's reliance on a guarantor's misrepresentations in a loan application was not reasonable. Also affirmed on an alternative ground that the lender...
Judge(s):
Ninth Circuit BAP Panel: Kurtz, Pappas and Taylor. Bankruptcy Judge: Zive
Tag(s):

Aftandilian v. Prestige Management Group, LLC

Citation:
Slip Copy, 2014 WL 1244789 (9th Cir.BAP (Cal.) (not appropriate for publication)
Ruling:
The Bankruptcy Appellate Panel first found that though Creditor had taken various steps in reliance of the completed nonjudicial sale, the appeal was not moot. The BAP also concluded that the...
Judge(s):
Kurtz, Pappas, Tayor
Tag(s):

Heatherwood Holdings, LLC v. HGC, Inc. (In re Heatherwood Holdings, LLC)

  • Summarized by Paul Avron , Berger Singerman LLP
  • 12 years 1 week ago
Citation:
No. 12-16020 (11th Cir. Mar. 27, 2014)
Ruling:
First, the defendant-mortgagee was a "person aggrieved" and therefore possessed Article III standing to appeal district court's affirmance of bankruptcy court's ruling that the mortgagee's property...
Judge(s):
Chief Judge Carnes, Circuit Judge Tjoflat and U.S. District Judge Marra (Southern District of Florida)
Tag(s):

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