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Hernandez Zorilla v. FOMB

Summarizing by David Treacy

Pittner v. Castle Peak 2011-1 Loan Trust

Citation:
MB 17-021 (1st Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated. On a...
Judge(s):
Godoy, Finkle, and Cary
Tag(s):

Smith v. IH4 Property West LP (In re Smith)

Citation:
BAP No. CC-16-1414-FLKu (9th Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) denying chapter 13 debtor's motion for damages against creditor based on violation of automatic stay. BAP ruled that creditor deed...
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

Mark Technologies Corp. v. Frazer (In re Mark Technologies Corp.)

Citation:
BAP No. CC-16-1435-KUFL (9th Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit issued single ruling on four separate appeals. BAP dismissed appeals as moot, and in alternative, affirmed on the merits. After bankruptcy court (C.D. Cal.) approved settlement...
Judge(s):
Kurtz, Faris, Lafferty
Tag(s):

In re Odell

Citation:
17-8012 (6th Circuit, Jan 30,2018) Not Published
Case Status:
Dismissed
Ruling:
The Sixth Circuit Court of Appeals dismissed the appeal of an order granting relief from stay as moot, since the underlying property had been claimed exempt and the debtor received her discharge...
Judge(s):
Harrison, Humphrey and Preston; opinion by Preston
Tag(s):

Wright v. Kite Bros., L.L.C.

Citation:
No. 17-30450 (5th Circuit, Jan 12,2018) Not Published
Case Status:
Affirmed
Ruling:
The judgment of the district court is AFFIRMED and Appellees’ Motion for Sanctions is GRANTED IN PART.
Judge(s):
REAVLEY, PRADO, and GRAVES, Circuit Judges
Tag(s):

U.S. Energy Development Corp. v. CL III Funding Holding Co., L.L.C. In the Matter of WBH Energy, L.P.)

Citation:
17-50217 (5th Circuit, Jan 10,2018) Not Published
Case Status:
Affirmed
Ruling:
Lower Court's affirmed. Appellant is not entitled to attorneys' fees because it was not a "prevailing party" as required under the applicable documents.
Judge(s):
Higginbotham, Jones and Graves
Tag(s):

Church Joint Venture, L.P. v. Grusin (In re Blasingame)

Citation:
16-6776 (6th Circuit, Jan 04,2018) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit reverses the imposition of sanctions by the bankruptcy court under Rule 9011 and 28 USC Sec. 1927 (but affirms the BAP), holding that Grusin did not file the debtors petition,...
Judge(s):
Keith, McKeague and Stranch; opinion by Keith
Tag(s):

CIT Bank, N.A. v Ryan (In re Ryan)

Citation:
HI-16-1391-TaLB (9th Circuit, Jan 04,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Circuit reversed and remanded ruling of bankruptcy court (D. Hawaii) after bankruptcy court entered order approving of chapter 7 debtors' revised statement of intention regarding real...
Judge(s):
Taylor, Lafferty, Brand
Tag(s):

IN RE: HALER

Citation:
17-40229 (5th Circuit, Dec 29,2017) Not Published
Case Status:
Reversed
Ruling:
Debtor's oral statement that his company was in "very fine legally [sic] financial shape" and had "plenty of cash to operate" fell within the exception under section 523(a)(2)(A) because it was an...
Judge(s):
King, Dennis and Costa (per curiam)
Tag(s):

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