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RUBEN PALAZZO, V. BAYVIEW LOAN SERVICING, LLC

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Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera)

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 11 years 3 months ago
Citation:
Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera), Case No. CC-13-1505-KuPaTa (B.A.P. 9th Cir. Dec. 23, 2014)
Ruling:
AFFIRM bankruptcy court's ruling, dismissing adversary proceeding pursuant to Fed. R. Civ. P. 12(b)(6) (made applicable by Fed. R. Bankr. P. 7012), holding that, under California law, a borrower in...
Judge(s):
Vincent Zurzolo
Tag(s):

Mastro v. Rigby

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 11 years 7 months ago
Citation:
Mastro v. Rigby, Case No. 13-35209 (9th Cir. Aug. 22, 2014)
Ruling:
REVERSED and REMANDED district court's dismissal of appeal under fugitive disentitlement doctrine with instructions to consider merits of appeal from bankruptcy court's judgment of fraudulent...
Judge(s):
Arthur L. Alarcon, A. Wallace Tashmina, and Mary H. Murguia. Opinion by Judge Tashmina.
Tag(s):

Schwartz-Tallard v. America's Servicing Co

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 11 years 11 months ago
Citation:
America’s Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard), Case No. 11-1429 (9th Cir. Apr. 16, 2014).
Ruling:
The Court of Appeals for the Ninth Circuit (the "Ninth Circuit") affirmed the decision of the Bankruptcy Appellate Panel for the Ninth Circuit (the "B.A.P."), holding that a debtor is not precluded...
Judge(s):
J. Clifford Wallace and Ronald M. Gould, Circuit Judges and Paul C. Huck, Senior District Judge (sitting by designation).
Tag(s):

Groth Brother Oldsmobile, Inc. v. Kendall (In re Groth Brothers Oldsmobile, Inc.)

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 12 years 5 months ago
Citation:
Groth Brothers Oldsmobile, Inc. v. Kendall et al. (In re Groth Brothers Oldsmobile, Inc.), Case No. NC-12-1482-DJuPa (9th Cir. B.A.P. Oct. 3, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the "Panel") affirmed the holding of the United States Bankruptcy Court for the Northern District of California (the...
Judge(s):
Dunn, Jury and Pappas, Bankruptcy Judges
Tag(s):

Ereren v. Marshack (In re Ereren)

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 12 years 10 months ago
Citation:
Ereren v. Marshack (In re Ereren), Case No. CC-12-1542-TaDKi (9th Cir. B.A.P. May 28, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the “Panel”) affirmed the holding of the United States Bankruptcy Court for the Central District of California (the...
Judge(s):
Taylor, Dunn, and Kirscher, Bankruptcy Judges.
Tag(s):

Showalter v. Hopper (In re Showalter)

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 12 years 11 months ago
Citation:
Showalter v. Hopper (In re Showalter), B.A.P. Case No. EC-12-1419-DJuMk (9th Cir. B.A.P. Apr. 11, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the “Panel”) affirmed the holding of the United States Bankruptcy Court for the Eastern District of California (the...
Judge(s):
Dunn, Jury, and Markell, Bankruptcy Judges
Tag(s):

Commodity Futures Trading Commission v. Walsh

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 12 years 11 months ago
Citation:
Commodity Futures Trading Comm'n et al. v. 3M Employee Welfare Benefit Assoc. Trust I, et al., Case No. 11-1516-cv(L) (2d Cir. Apr. 3, 2013)
Ruling:
The Second Circuit affirmed the District Court's decision. The Second Circuit held that (1) securities fraud victims may be considered "similarly situated" for purposes of a pro rata distribution...
Judge(s):
Kearse, Pooler, and Livingston.
Tag(s):

Enron Creditors Recovery Corp. v. Alfa, S.A.B. de C.V., et al. (In re Enron Creditors Recovery Corp.)

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 14 years 9 months ago
Citation:
Docket No. 09-5122-bk (L) (2d Cir. June 28, 2011); 2011 U.S. App. LEXIS 13177; 2011 WL 2536101
Ruling:
A debtor-issuer’s premature payments to redeem its commercial paper constitute “settlement payments” and are, thus, shielded from the exercise of a bankruptcy trustee’s avoidance powers...
Judge(s):
Circuit Judges John M. Walker, José A. Cabranes, and District Judge John G. Koeltl (sitting by designation) presiding. Judge Koeltl dissenting.
Tag(s):

United States v. Hudson

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 15 years 4 months ago
Citation:
2010 U.S. App. LEXIS 23338; 2010 WL 4483986
Ruling:
A prevailing pro se attorney-litigant is ineligible to seek and be awarded reasonable litigation costs, including attorney’s fees, in a proceeding relating to the collection of tax, interest, or...
Judge(s):
Jacobs, C.J., Katzmann, J., Livingston, J.
Tag(s):

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