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Summaries by David Kozlowski

Borman, LLC v. 18718 Borman, LLC, Joseph Schwebel

Citation:
Borman, LLC v. 18718 Borman, LLC, et al., No. 14-1419 (6th Cir. February, 2, 2015)
Ruling:
The Circuit Court first agreed with the district court’s holding that the intent behind the NMLA requires the NMLA to apply to Borrower’s loan, and bars Purchaser’s action based on the CMBS...
Judge(s):
Daughtrey, Clay, and Cook, Circuit Judges
Tag(s):

Brandt v. Nvida Corp (In the Matter of 3DFX Interactive, Inc.)

Citation:
D.C. No. 5:08-cv-04634-RMW (9th Cir., November 6, 2014) (NOT FOR PUBLICATION)
Ruling:
The Circuit AFFIRMED the district court and held that a pre-bankruptcy transfer was not a fraudulent conveyance. Certain regulations at issue regarding purchaser NVIDIA's disclosure of the value...
Judge(s):
Thomas, McKeown, and W. Fletcher, Circuit Judges.
Tag(s):

Meehan v. Ocwen Loan Servicing, LLC (In re Meehan)

Citation:
AP No. CC-13-1571-DTaSp (B.A.P. 9th Cir., September 29, 2014) (NOT FOR PUBLICATION)
Ruling:
The B.A.P. AFFIRMED the bankruptcy court’s dismissal of the Plaintiff’s adversary proceeding against the Defendants. Only a trustee, can pursue claims on behalf of a bankruptcy estate. For a...
Judge(s):
Dunn, Taylor, and Spraker, U.S. Bankruptcy Appellate Panel Judges
Tag(s):

Porst v. Deutsche Bank National Trust Company

Citation:
B.A.P. No. MW 12-080 (B.A.P. 1st Cir. November 20, 2013) (NOT FOR PUBLICATION)
Ruling:
The B.A.P. AFFIRMED the bankruptcy court's dismissal of the Debtor's complaint, determining the bankruptcy court did not err in finding a trust's assignment of real property to the Debtor was...
Judge(s):
Lamoutte, Haines, and Deasy, U.S. Bankruptcy Appellate Panel Judges
Tag(s):

Keough v. 217 Canner Associates, LLC (In the Matter of Greenwich Sentry, L.P.)

Citation:
Keough v. 217 Canner Associates, LLC (In the Matter of Greenwich Sentry, L.P.), 13-0193-cv Summary Order (2d Cir. 2013)
Ruling:
AFFIRMATION by the Second Circuit Court of Appeals of the District Court's affirmation of a bankruptcy court decision and order denying a motion seeking confirmation that Appellants are holders of...
Judge(s):
Guido Calabresi, Debra Ann Livingston, Denny Chin
Tag(s):

In re Zuckerman

Citation:
In re Zuckerman, BAP No. MS 12-085 (1st Cir. BAP, April 24, 2013) (Not for Publication)
Ruling:
AFFIRMATION by the First Circuit BAP of the bankruptcy court’s dismissal of the Debtor’s Chapter 13 case under 105(a) for failure to comply with bankruptcy court orders requiring filing of...
Judge(s):
Deasy, Kornreich, and Godoy, Bankruptcy Appellate Panel Judges
Tag(s):

O'Donnell v. Tristar Esperanza Properties, LLC (In re Tristar Esperanza Properties, LLC)

Citation:
O'Donnell v. Tristar Esperanza Properties, LLC (In re Tristar Esperanza Properties, LLC), BAP No. CC-12-1340-KlPaDu (9th Cir. BAP March 9, 2013) (for publication)
Ruling:
The Ninth Circuit BAP AFFIRMED the bankruptcy court's granting of summary judgment to the Appellee with respect to its section 510(b) claim, holding that a right to payment arising from a judgment...
Judge(s):
Albert, Klein (sitting by designation), Pappas, and Dunn, United States Bankruptcy Judges
Tag(s):

Santiago v. Rivera (In re Santiago)

Citation:
Santiago v. Rivera (In re Santiago), BAP No. PR 11-075 (1st Cir. BAP Sep. 26, 2012) (for publication)
Ruling:
The First Circuit Bankruptcy Appellate Panel REVERSED the ruling of the bankruptcy court, finding that anticipated tax refunds for pre-petition earnings or losses are property of the estate under...
Judge(s):
Boroff, Deasy, and Bailey, United States Bankruptcy Appellate Panel Judges
Tag(s):

Bryen v. US (In re Bryen)

Citation:
Case No. 11-1616 (3d Cir. Nov. 4, 2011) (Not Precedential)
Ruling:
A debtor who willfully evades a tax is not entitled to the discharge of that debt, as indicated in Bankruptcy Code § 523(a)(1)(C), as such benefit is reserved for the “honest but unfortunate...
Judge(s):
McKee, Fuentes, Greenberg
Tag(s):

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