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Adler v. Energy Debt Holdings

Summarizing by Danielle Scott

Trailer Bridge v. LA Intl Marine

Summarizing by John Slack

Blixseth v. Cushman & Wakefield of Colorado, Inc.

Citation:
No. 15-1375 (10th Circuit, Feb 03,2017) Not Published
Case Status:
Affirmed
Ruling:
The Tenth Circuit affirmed the district court's (D. Colo.) dismissal under Rule 12 and Rule 56 of 27 claims against three defendants (the same nine claims against each) for alleged torts related to...
Judge(s):
Phillips & Seymour (Judge Gorsuch of the panel did not participate in the judgment)
Tag(s):

Lopez v. Raicevic (In re Lopez)

Citation:
BAP No. SC-15-1335-YJuF (9th Circuit, Feb 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) granting summary judgment in favor of creditors/plaintiffs on 523(a)(2)(A) dischargeability claim based on issue...
Judge(s):
Yun, Jury, Faris
Tag(s):

Khounani v. Premier Capital, LLC (In re Khounani)

Citation:
BAP No. 16-1233-NTaL (9th Circuit, Feb 02,2017) Not Published
Case Status:
Affirmed
Ruling:
Section 523(a)(10) provides that any claim existing when a debtor waives or is denied a discharge in a case will be nondischargeable in a subsequent case. If a claim is nondischargeable under...
Judge(s):
Novack (sitting by designation), Taylor and Lafferty
Tag(s):

Zenovic v. Crump (In re Zenovic)

Citation:
BAP No. SC-15-1204-FYJu (9th Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a nondischargeability action, the BAP for the 9th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (SD Cal.). The BAP found that the BAP properly applied...
Judge(s):
Faris, Yun, Jury
Tag(s):

Guthrie v. Stadtmueller (In re Guthrie)

Citation:
SC-15-1390-FYJu (9th Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's order sustaining chapter 7 trustee's objection to debtor's claimed homestead exemption affirmed.
Judge(s):
Faris, Yun, Jury
Tag(s):

Mack v. ResCap Borrower Claims Trust

Citation:
16-304-bk (2nd Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed
Ruling:
1. Proof of claim for malicious prosecution was barred by res judicata effect of prior slander of title action. 2, Proof of claim for debtor's failure to timely respond under RESPA was...
Judge(s):
Winter, Cabranes, Lynch
Tag(s):

McGarry & McGarry, LLC v. Rabobank, N.A.

Citation:
16 C 5978 (7th Circuit, Jan 26,2017) Not Published
Case Status:
Affirmed
Ruling:
Contracts between the trustee, his administrative servicer, and his bank, did not violate section 1972(1)(E) of the Bank Holding Company Act because the plaintiff could not show that the contracts...
Judge(s):
Posner, Manion, Williams
Tag(s):

Levin v. Carlton (In re Carlton)

Citation:
BAP No. CO-15-044 (10th Circuit, Jan 18,2017) Not Published
Case Status:
Affirmed
Ruling:
Although the Court addressed multiple procedural and substantive issues in the opinion, it principally held that the mere recitation of procedural rules and requirements is insufficient to warrant...
Judge(s):
Nugent, Somers, and Hall.
Tag(s):

Patrick v. CitiMortgage, Inc.

Citation:
Case No. 16-3436 (6th Circuit, Jan 23,2017) Not Published
Case Status:
Affirmed
Ruling:
Lender is not liable to borrower, under general tort / contract principles or pursuant to Home Affordable Modification Program (HAMP) regulations, for payment of duplicative insurance premiums from...
Judge(s):
Merritt, Clay and Donald
Tag(s):

Bandi v. Becnel (In the Matter of Bandi

Citation:
No. 16-30633 (5th Circuit, Jan 23,2017) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals for the Fifth Circuit AFFIRMED the decision of the district court. "To the extent that the Bandis have now shifted the focus of their argument to a due process challenge...
Judge(s):
REAVLEY, OWEN, and ELROD
Tag(s):

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