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Bankruptcy - Chapter 13

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Bankruptcy - Chapter 13
No. 89-3688
910 F.2d 1160 (1990) | Cited 100 times
... Opinion OF THE COURT SCIRICA, Circuit Judge. In this complicated matter, the bankruptcy judge dismissed this case and the debtors appealed to the district court. The district court appeared to withdraw the reference of the case to the bankruptcy court and stayed state foreclosure proceedings on ...
No. 86-5643
824 F.2d 1370 (1987) | Cited 37 times
... BEFORE: WEIS, STAPLETON and HUNTER, Circuit Judges Opinion OF THE COURT STAPLETON, Circuit Judge: This appeal presents the issue of whether federal bankruptcy law permits a Chapter 13 debtor to cure a default on, and reinstate, a home mortgage where the bankruptcy petition is filed during a ...
Nos. 82-1836, 82-1837
717 F.2d 767 (1983) | Cited 35 times
... Before ADAMS and HIGGINBOTHAM, Circuit Judges, and TEITELBAUM, District Judge.*fn* ADAMS, Circuit Judge: Shoftly after the debtors filed a petition for an adjustment of their debts under the Bankruptcy Reform Act of 1978, hereinafter referred to as the Code, the Internal Revenue Service (IRS) ...
No. 89-6325
923 F.2d 1410 (1991) | Cited 27 times
... Per Curiam The issue in this bankruptcy case is whether a home mortgage protected by 11 U.S.C. § 1322(b)(2) can be bifurcated into secured and unsecured portions based on the fair market value of the property under a threshold application of the provisions of 11 U.S.C. § 506(a) to an undersecured ...
No. 84-3572
752 F.2d 1382 (1985) | Cited 26 times
... FARRIS, Circuit Judge: Robert Seidel and Charlotte Baggerman purchased a home. A promissory note secured by a mortgage was given in partial payment. The note provided for interest-only payments for a period of three years, at which time the principal in full would come due. The purchasers ...
No. 89-1746
895 F.2d 123 (1990) | Cited 17 times
... Opinion OF THE COURT SLOVITER, Circuit Judge. Commonwealth Mortgage Corporation has appealed the order of the district court that Commonwealth's allowed secured claim against debtors Frank and Arlene Wilson was limited to the value of the debtors' home and certain items of personal property, that ...
Nos. 82-3821, 83-1316, 83-1585
760 F.2d 1428 (1985) | Cited 17 times
... ENGEL, Circuit Judge. These three appeals raise similar questions about the point in the foreclosure process at which a Chapter 13 debtor loses the right to cure a default on a real estate mortgage on his principal residence. In each case, the debtor gave a mortgage on real estate that was ...
No. 92-6952.
12 F.3d 1008 (1994) | Cited 15 times
... ANDERSON, Circuit Judge: BACKGROUND This appeal arises from the order of the United States District Court for the Northern District of Alabama entered in three consolidated cases affirming final orders of the United States Bankruptcy Court for the Northern District of Alabama, Western Division ...
Docket No. 91-5045
962 F.2d 176 (1992) | Cited 15 times
... CARDAMONE, Circuit Judge: Aware of the difficulties faced by debtors in seeking to avoid liquidation, leading to the loss of debtors' homes, Congress in the Bankruptcy Code provided that residential mortgages secured by liens could be broken down into two parts. One part, equal to the market value ...
No. 92-5351
999 F.2d 63 (1993) | Cited 13 times
... Opinion OF THE COURT STAPLETON, Circuit Judge: These chapter 13 bankruptcy cases require us to determine the rate of interest which will assure that a secured creditor receives payments under a chapter 13 plan having a present value equal to the value of its allowed secured claim, as required by ...
No. 91-3768
967 F.2d 918 (1992) | Cited 12 times
... Opinion OF THE COURT ALDISERT, Circuit Judge. The debtor in this chapter 13 bankruptcy has received confirmation of his reorganization plan. The plan disposes of the home mortgage note held by Provident Institution of Savings (now known as Shawmut Mortgage Company) by bifurcating the amount due ...
Nos. 94-3372, 94-3373
49 F.3d 98 (1995) | Cited 10 times
... Opinion OF THE COURT SLOVITER, Chief Judge. This appeal presents an issue of law: whether interest can accrue after the filing of a Chapter 13 bankruptcy petition on a nondischargeable student loan. The bankruptcy court held that debtors would remain liable for the amount of the post-petition ...
No. 00-5986
280 F.3d 663 (2002) | Cited 10 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2002 FED App. 0049P (6th Cir.) Submitted: October 24, 2001 OPINION The bankruptcy code expressly provides that a Chapter 13 bankruptcy plan may modify the rights of holders of "unsecured claims." 11 ...
No. 87-1182
836 F.2d 773 (1987) | Cited 10 times
... STAPLETON, Circuit Judge. This appeal requires us to determine whether the Bankruptcy Code provides that a Chapter 13 debtor who seeks to cure a home mortgage default must pay interest on mortgage arrearages, even though the mortgage contract does not itself provide for such payments. Both the ...
No. 84-8601
780 F.2d 894 (1985) | Cited 9 times
... RONEY, Circuit Judge: In these cases we hold that under Chapter 13 of the Bankruptcy Code, a secured creditor who holds a security interest in the debtor's principal residence is not entitled to receive interest on arrearages, unless the mortgage contract so provides, when the debtor seeks to cure ...
No. 94-1437
37 F.3d 1021 (1994) | Cited 8 times
... Opinion OF THE COURT GARTH, Circuit Judge : This appeal presents us with two issues. First, whether a debtor in a chapter 13 bankruptcy may modify the rights of an undersecured mortgage lender under 11 U.S.C. § 1322(b)(2) and 11 U.S.C. § 506(a) when the mortgage is secured by both real and ...
No. 04-4298
461 F.3d 406 (2006) | Cited 8 times
... PRECEDENTIAL Argued July 27, 2006 Before: RENDELL, AMBRO and ROTH, Circuit Judges. OPINION In this appeal, we must determine whether a mortgage on a multi-unit dwelling in which the debtor resides qualifies for the anti-modification protection afforded by 11 U.S.C. § 1322(b)(2). That provision ...
No. 82-2544 Summary Calendar
718 F.2d 694 (1983) | Cited 7 times
... E. GRADY JOLLY, Circuit Judge. Ronald E. Grubbs appeals from the decision of the district court affirming the bankruptcy court's order which denied confirmation of his amended petition and plan under Chapter 13 of the Bankruptcy Code. The bankruptcy court had ruled that Grubbs' plan could not be ...
No. 03-4716
402 F.3d 147 (2005) | Cited 7 times
... PRECEDENTIAL Argued December 6, 2004 Before: RENDELL and FISHER, Circuit Judges, and YOHN, 1 District Judge. OPINION OF THE COURT In this appeal, we must decide under what circumstances a mortgagee may qualify for the anti-modification protection afforded by 11 U.S.C. § 1322(b)(2). Section ...
Nos. 83-1184, No. 83-1209
732 F.2d 44 (1984) | Cited 7 times
... Opinion OF THE COURT BECKER, Circuit Judge. These consolidated appeals present a question of the proper allocation of pleading burdens in a chapter 13 bankruptcy proceeding. Specifically, we must determine whether, in a disupte over the avoidance of a judicial lien pursuant to 11 U.S.C. § 522(f), ...
No. 94-6802
85 F.3d 1555 (1996) | Cited 7 times
... BIRCH, Circuit Judge: This case focuses on whether a debtor, whose primary residence has been sold in a prepetition foreclosure proceeding, but who has retained his statutory right of redemption under Alabama law, can cure his default under the mortgage and redeem his property after the ...
Nos. 90-15715, BAP, EC-88-2107-PRAs, (Bankruptcy, 288-05581-A-13)
944 F.2d 542 (1991) | Cited 5 times
... LEAVY, Circuit Judge This case presents a question of first impression in this Circuit involving the distinction between cure and modification in the context of bankruptcy law. For the reasons set forth below, we affirm the bankruptcy court's ruling in favor of the debtors. FACTS AND PRIOR ...
No. 07-3256
530 F.3d 1284 (2008) | Cited 5 times
... PUBLISH Before HENRY, Chief Circuit Judge, TACHA, and LUCERO, Circuit Judges. The appellants are creditors in five Chapter 13 bankruptcy proceedings. They appeal the bankruptcy court's confirmation of the debtors' debt reorganization plans. Exercising jurisdiction under 28 U.S.C. § 158(d)(2)(A), ...
No. 84-2537
783 F.2d 839 (1986) | Cited 5 times
... Before CHOY, SKOPIL, and SCHROEDER, Circuit Judges. Per Curiam: Western Equities, Inc. appeals the district court's judgment affirming the bankruptcy judge's denial of its motion for relief from the automatic stay provisions of 11 U.S.C. § 362. We reverse the decision of the district court. ...
No. 88-1714
875 F.2d 53 (1989) | Cited 4 times
... Opinion OF THE COURT GARTH, Circuit Judge Debtor/Appellant Ralph A. Lewis appeals from the order of the district court which had affirmed the order of the bankruptcy court. Because the district court erred when it construed certain provisions of Lewis's Chapter 13 plan as waiving Lewis's rights ...
No. 93-6108
5 F.3d 545 (1993) | Cited 3 times
... Order AND JUDGMENT*fn* After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered submitted without oral ...
No. 92-5081
989 F.2d 208 (1993) | Cited 2 times
... PECK, Senior Circuit Judge. This case began in bankruptcy court when Allied Credit Corporation (Allied Credit) filed an objection to confirmation of a debtor's plan under Chapter 13 of the Bankruptcy Code. The bankruptcy court overruled Allied Credit's objection on June 27, 1991, and the district ...
No. 11-3119
695 F.3d 803 (2012) | Cited 2 times
... Submitted: May 15, 2012 Before WOLLMAN, BEAM, and LOKEN, Circuit Judges. The bankruptcy court denied confirmation of debtor Michael Fisette's initial Chapter 13 plan because it proposed to "strip off" second and third mortgage liens on his residence. Fisette filed a modified plan that preserved ...
No. 93-6073
5 F.3d 547 (1993) | Cited 1 time
... Order AND JUDGMENT*fn* After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered submitted without oral ...
No. 92-641
113 S. Ct. 2106 (1993) | Cited 1 time
... JUSTICE THOMAS delivered the opinion of the Court. This case focuses on the interplay between two provisions of the Bankruptcy Code. The question is whether § 1322(b)(2) prohibits a Chapter 13 debtor from relying on § 506(a) to reduce an undersecured homestead mortgage to the fair market value of ...
13-9014
2014 | Cited 0 times
... United States Court of Appeals For the First Circuit No. 13-9014 IN RE KAREN A. BRADY-ZELL, Debtor. ____________________ DANIELLE E. deBENEDICTIS, Creditor, Appellant, v. KAREN A. BRADY-ZELL, Debtor, Appellee. APPEAL FROM THE BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT Before ...
13-2075
2014 | Cited 0 times
... NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 13-2075 _____________ In Re: JEFFREY J. PROSSER, Debtor In Re: Innovative Communication Corporation, Debtor JAMES P. CARROLL, Chapter 7 Trustee of the Estate of Jeffrey J. Prosser and Liquidating Trustee ...
17-60044
2019 | Cited 0 times
... NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 25 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: ALELI A. HERNANDEZ, No. 17-60044 Debtor, BAP No. 16-1228 ______________________________ ASSET MANAGEMENT HOLDINGS, MEMORANDUM* LLC, Appellant, v. ALELI ...
12-20277
2013 | Cited 0 times
... Case: 12-20277 Document: 00512255765 Page: 1 Date Filed: 05/29/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED May 29, 2013 No. 12-20277 Lyle W. Cayce Clerk In the Matter of: PHILIP REED LIVELY, Debtor ...
12-2017
2013 | Cited 0 times
... PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2017 ROBERT D. MORT RANTA, Debtor - Appellant, v. THOMAS PATRICK GORMAN, Trustee – Appellee. ------------------------------ NATIONAL ASSOCIATION OF CONSUMER BANKRUPTCY ATTORNEYS, Amicus Supporting Appellant. Appeal from ...
17-2449
2019 | Cited 0 times
... ON REHEARING EN BANC PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-2449 LARRY ALBERT HURLBURT, Plaintiff - Appellant, v. JULIET J. BLACK, Defendant - Appellee, and JOSEPH A. BLEDSOE, III, Trustee. ------------------------------ NATIONAL ASSOCIATION OF CONSUMER ...
18-8036
2019 | Cited 0 times
... By order of the Bankruptcy Appellate Panel, the precedential effect of this decision is limited to the case and parties pursuant to 6th Cir. BAP LBR 8024-1(b). See also 6th Cir. BAP LBR 8014-1(c). File Name: 19b0008n.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT IN RE: THEODORE A. PEREZ, ┐ ...
18-2895
2019 | Cited 0 times
... United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-2895 ___________________________ In re: Evette Nicole Reed lllllllllllllllllllllDebtor ------------------------------ Ross H. Briggs lllllllllllllllllllllAppellant v. Honorable Charles E. Rendlen, III ...
19-6042
2020 | Cited 0 times
... United States Bankruptcy Appellate Panel For the Eighth Circuit ___________________________ No. 19-6042 ___________________________ In re: Theresa Marshall Debtor ------------------------------ Theresa Marshall Debtor - Appellant v. Mark T. McCarty Trustee - Appellee ____________ Appeal ...
19-8019
2020 | Cited 0 times
... By order of the Bankruptcy Appellate Panel, the precedential effect of this decision is limited to the case and parties pursuant to 6th Cir. BAP LBR 8024-1(b). See also 6th Cir. BAP LBR 8014-1(c). File Name: 20b0003n.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT IN RE: GAYLE H. BAGSBY, ┐ ...
18-8040
2019 | Cited 0 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19b0008p.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT IN RE: LINDA J. LANE, ┐ Debtor. │ ___________________________________________ │ │ SARAH DEAN; KEVIN DEAN, > Nos. 18-8038/8040 │ Appellants, │ │ v. │ │ │ LINDA J. LANE, │ Appellee. │ ┘ ...
16-1971
2018 | Cited 0 times
... PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1971 EDWIN MICHAEL BURKHART; TERESA STEIN BURKHART, f/k/a Teresa S. Barham, Debtors − Appellants, v. NANCY SPENCER GRIGSBY, Trustee − Appellee, and COMMUNITY BANK OF TRI-COUNTY, Defendant. Appeal from the United ...
17-8095
2018 | Cited 0 times
... FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT September 14, 2018 _________________________________ Elisabeth A. Shumaker Clerk of Court In re: AUSTIN FOX JENNINGS, Debtor. ------------------------------ AUSTIN FOX JENNINGS, Appellant, ...
17-2328
2018 | Cited 0 times
... PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-2328 COMMONWEALTH OF VIRGINIA, DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT ENFORCEMENT, Creditor – Appellant, v. BARRY SPENCER WEBB Debtor – Appellee, HERBERT L. BESKIN, Ch. 13 Trustee, Trustee – Appellee, ...
BAP No. MB 07-036
2007 | Cited 0 times
... FOR PUBLICATION Before Vaughn, Carlo, and Deasy, United States Bankruptcy Appellate Panel Judges. Sher Zamin Khan (the "Debtor") appeals from the May 8, 2007, order of the bankruptcy court sustaining the objection of Carolyn Bankowski, chapter 13 trustee, (the "Trustee") to the Debtor's homestead ...
No. 93-1025
5 F.3d 546 (1993) | Cited 0 times
... Order AND JUDGMENT*fn* After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered submitted without oral ...
BAP No. OR-92-1258-ARJ
1993 | Cited 0 times
... ASHLAND, Bankruptcy Judge: The State of Oregon appeals the bankruptcy court's order confirming the debtors' Chapter 13 plan. In re Hurt, 136 Bankr. 859 (Bankr. D. Or. 1992). The plan attempted to "cure" a default on a mortgage after foreclosure judgment, but prior to the foreclosure sale. We ...
CASE NO.1:12CV106
2013 | Cited 0 times
... JUDGE CHRISTOPHER A. BOYKO OPINION AND ORDER This matter comes before the Court on Defendant Things Remembered, Inc.'s (hereinafter "Defendant") Motion (ECF DKT # 9) for Judgment on the Pleadings on the Basis of Judicial Estoppel. Defendant asserts that Plaintiff Nancy Campana (hereinafter ...
Civil Action No. 10-1300 (JEB)
2012 | Cited 0 times
... MEMORANDUM OPINION Pro se Appellant Martha A. Akers, who has been involved in lengthy bankruptcy proceedings, appeals an order of the Bankruptcy Court denying her motion for a preliminary injunction to halt the foreclosure of a commercial property she owned. As she offered no basis for the ...
14-1524
2014 | Cited 0 times
... NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 14-1524 ________________ IN RE: KIRK S. STEPHAN, Appellant ________________ Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 1-13-cv-03937) District ...
17-352-bk
2018 | Cited 0 times
... 17-352-bk In re: Sherwood Boyce, Heather Boyce UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE ...
17-1691
2018 | Cited 0 times
... NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 18a0009n.06 FILED Case Nos. 17-1688/17-1691 Jan 05, 2018 DEBORAH S. HUNT, Clerk UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) In re: TIMOTHY M. JODWAY, ) ) Debtor. ) ON APPEAL FROM THE UNITED ) STATES DISTRICT COURT FOR ) THE EASTERN ...
16-20589
2018 | Cited 0 times
... Case: 16-20589 Document: 00514292120 Page: 1 Date Filed: 01/03/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-20589 FILED January 3, 2018 Lyle W. Cayce In the matter of: YEMISI AYOBAMI Clerk Debtor DAVID G. PEAKE, Trustee, ...
16-8045
2018 | Cited 0 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 18b0006p-06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT In re: JOHN JOSEPH LOUIS JOHNSON, III, ┐ Debtor. │ > No. 16-8045 │ ┘ Appeal from the United States Bankruptcy Court for the Southern District of Ohio at Columbus. No. 14-57104—John E. ...
15-56508
2018 | Cited 0 times
... NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 15 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: GILES DUANE SPELLMAN, No. 15-56508 Debtor, D.C. No. 2:15-cv-00507-PA ______________________________ GILES DUANE SPELLMAN, MEMORANDUM* Appellant, v. ...
17-60043
2018 | Cited 0 times
... NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 23 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: FRANCISCO JAVIER No. 17-60043 HERNANDEZ and JACQUELINE MARIE HERNANDEZ, BAP No. 17-1041 Debtors. MEMORANDUM* FRANCISCO JAVIER HERNANDEZ, AKA Francisco ...
18-6007
2018 | Cited 0 times
... United States Bankruptcy Appellate Panel For the Eighth Circuit ___________________________ No. 18-6007 ___________________________ In re: Johnny M. Belew, also known as John Belew, formerly doing business as Belew and Bell, Attorneys at Law lllllllllllllllllllllDebtor ...
18-10467
2018 | Cited 0 times
... Case: 18-10467 Date Filed: 10/23/2018 Page: 1 of 12 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-10467 Non-Argument Calendar ________________________ D.C. Docket No. 1:17-cv-00539-LMM, Bkcy No. 16-bkc-59986-MGD In re: JAMES ...
16-60003
2018 | Cited 0 times
... FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN RE RICHARD JAMES SWINTEK, No. 16-60003 Debtor, BAP No. 14-1569 CHARLES W. DAFF, Appellant, OPINION v. KAREN M. GOOD, Appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel Kirscher, Kurtz, and Taylor, Bankruptcy ...
17-1241
2018 | Cited 0 times
... FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS August 14, 2018 Elisabeth A. Shumaker FOR THE TENTH CIRCUIT Clerk of Court _________________________________ In re: MARK A. TAYLOR, Debtor. ------------------------------ WILLIAM F. SANDOVAL IRREVOCABLE ...
18-1147
2018 | Cited 0 times
... NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 18-1147 In re: LUNDES GARRETT; JUNE GARRETT, Debtors Lundes Garrett; June Garrett,* Appellants (*Pursuant to Federal Rule of Appellate Procedure 12(a)) ____________________________________ On Appeal from ...
18-30526
2019 | Cited 0 times
... Case: 18-30526 Document: 00514829916 Page: 1 Date Filed: 02/11/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 11, 2019 No. 18-30526 Lyle W. Cayce Clerk In the Matter of: WEBSTER BOOKER; LILLIE BRISTO BOOKER, Debtors ...
18-3000
2018 | Cited 0 times
... BLD-056 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 18-3000 ___________ IN RE: LYNN Z. SMITH, Appellant ____________________________________ On Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. ...
18-60005
2020 | Cited 0 times
... FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN RE CHRISTOPHER MICHAEL Nos. 18-60005 MARINO; VALERIE MARGARET 18-60006 MARINO, 18-60040 Debtors, 18-60041 BAP Nos. OCWEN LOAN SERVICING, LLC, 16-1229 Appellant/Appellee, 16-1238 v. OPINION CHRISTOPHER MICHAEL MARINO; ...
19-8021
2019 | Cited 0 times
... By order of the Bankruptcy Appellate Panel, the precedential effect of this decision is limited to the case and parties pursuant to 6th Cir. BAP LBR 8024-1(b). See also 6th Cir. BAP LBR 8014-1(c). File Name: 19b0007n.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT IN RE: RONALD JOSEPH SMITH, ...
19-3199
2020 | Cited 0 times
... NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted April 2, 2020* Decided April 2, 2020 Before DIANE P. WOOD, Chief Judge JOEL M. FLAUM, Circuit Judge AMY C. BARRETT, ...
19-6024
2020 | Cited 0 times
... United States Bankruptcy Appellate Panel For the Eighth Circuit ___________________________ No. 19-6024 ___________________________ In re: Theresa Marshall Debtor ------------------------------ Theresa Marshall Debtor - Appellant v. Mark T. McCarty Trustee - Appellee ____________ Appeal ...
15-2483
2016 | Cited 0 times
... CLD-107 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 15-2483 ___________ IN RE: THOMAS W. OLICK, Debtor THOMAS W. OLICK Appellant v. CITY OF EASTON; COUNTY OF NORTHAMPTON; PORTNOFF LAW ASSOCIATES, LTD.; SAL PANTO; HOWARD WHITE; WILLIAM MURPHY ...
18-2726
2019 | Cited 0 times
... In the United States Court of Appeals For the Seventh Circuit No. 18-2726 IN RE: SCOTT N. JAFFE, Debtor-Appellee, APPEAL OF: LAVERNE WILLIAMS. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 17 C 04662 — John J. Tharp, Jr., Judge. ARGUED ...
19-1372
2019 | Cited 0 times
... BLD-244 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 19-1372 ___________ In re: GORDON FORSTER LAWSON, Appellant GORDON FORSTER LAWSON v. DANIEL J. GALLAGHER; SOUTH FORK MORTGAGE CORP.; FISHERMAN’S HARBOR LLC; DENISE GALLAGHER; and LAURA G. GALLAGHER ...
18-8037
2019 | Cited 0 times
... By order of the Bankruptcy Appellate Panel, the precedential effect of this decision is limited to the case and parties pursuant to 6th Cir. BAP LBR 8024-1(b). See also 6th Cir. BAP LBR 8014-1(c). File Name: 19b0006n.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT IN RE: KELLI PRATHER, ┐ ...
17-1407P
2017 | Cited 0 times
... United States Court of Appeals For the First Circuit No. 17-1407 IN RE: LAURA M. SHEEDY, Debtor LAURA M. SHEEDY, Appellant, v. CAROLYN A. BANKOWSKI, Standing Chapter 13 Trustee; and WILLIAM K. HARRINGTON, United States Trustee for Region I, Appellees. APPEAL FROM THE UNITED STATES DISTRICT ...
No. 91-35924
1992 | Cited 0 times
... MEMORANDUM On January 14, 1986, the Saugstads purchased their home with the aid of a mortgage loan that was secured by a deed of trust against the residence. The promissory note and deed of trust were subsequently assigned to Goldome Realty Credit Corporation (Goldome). The Saugstads filed their ...
16-1681
2017 | Cited 0 times
... PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1681 WELLS FARGO BANK, N.A., Creditor – Appellant, v. AMH ROMAN TWO NC, LLC, Party-in-Interest – Appellee, and PNC BANK, Creditor, and JOHN F. LOGAN, Trustee, and CHARLES AZIZ FARAG; SUSAN FARAG, Debtors. Appeal ...
14-1049
2015 | Cited 0 times
... PS1-008 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 14-1049 ___________ In re: LINDA A. HAWKINS; GREGORY L. HAWKINS, Debtors ELVA D. ALLEN; MABEL H. CONAWAY,* Appellants *(Pursuant to Rule 12(a), Fed. R. App. P.) ____________________________________ ...
No. 92-621
113 S. Ct. 2187 (1993) | Cited 0 times
... JUSTICE THOMAS delivered the opinion of the Court. This case requires us to decide whether Chapter 13 debtors who cure a default on an oversecured home mortgage pursuant to § 1322(b)(5) of the Bankruptcy Code, 11 U.S.C. § 1322(b)(5), must pay post-petition interest on the arrearages. We conclude ...
17-8004
2018 | Cited 0 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 18b0005p.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT In re: AUSTIN CHIDI FELIX; DOROTHY IFY FELIX, ┐ Debtors. │ > No. 17-8004 │ ┘ Appeal from the United States Bankruptcy Court for the Southern District of Ohio at Columbus. No. ...
18-8047
2019 | Cited 0 times
... By order of the Bankruptcy Appellate Panel, the precedential effect of this decision is limited to the case and parties pursuant to 6th Cir. BAP LBR 8024-1(b). See also 6th Cir. BAP LBR 8014-1(c). File Name: 19b0005n.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT In re: RENEGAR GOLF, LLC, ...
19-6029
2020 | Cited 0 times
... United States Bankruptcy Appellate Panel For the Eighth Circuit ___________________________ No. 19-6029 ___________________________ In re: Michael M. Paczkowski, as surety for P&L Concrete Stamping, as surety for DRMP Concrete, LLC, as surety for Complete Exteriors, LLC, as surety for RRGMP ...
19-3386
2020 | Cited 0 times
... NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 19-3386 ___________ In re: ANDREA GENRETTE, Appellant ____________________________________ On Appeal from the United States District Court for the District of Delaware (D.C. Civil Action No. 1-18-cv-00920) ...
17-17212
2018 | Cited 0 times
... FILED NOT FOR PUBLICATION DEC 28 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: DREW NOMELLINI, No. 17-17212 ______________________________ D.C. No. 5:15-cv-04122-EJD DREW NOMELLINI, Appellant, MEMORANDUM* v. UNITED STATES INTERNAL ...
18-3562
2019 | Cited 0 times
... PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 18-3562 _______________ In re: JOY DENBY-PETERSON, Appellant ______________ Appeal from the United States District Court for the District of New Jersey (D.C. No. 1-17-cv-09985) District Judge: Hon. Noel L. ...
16-16036
2018 | Cited 0 times
... Case: 16-16036 Date Filed: 02/14/2018 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-16036 Non-Argument Calendar ________________________ D.C. Docket Nos. 6:15-cv-01380-PGB, 6:14-bkc-10332-CCJ 6:15-cv-01732-PGB In ...
17-12020
2018 | Cited 0 times
... Case: 17-12020 Date Filed: 08/14/2018 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-12020 Non-Argument Calendar ________________________ D.C. Docket No. 0:15-cv-61830-FAM, Bkcy No. 14-bkc-11822-RBR In Re: MARY A. ...
18-8004
2018 | Cited 0 times
... By order of the Bankruptcy Appellate Panel, the precedential effect of this decision is limited to the case and parties pursuant to 6th Cir. BAP LBR 8024-1(b). See also 6th Cir. BAP LBR 8014-1(c). File Name: 18b0004n.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT IN RE: PAUL E. BONFIGLIO; ...
17-1732
2018 | Cited 0 times
... NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 17-1732 _____________ TAMMY RIZZOLO DANISE, Appellant v. SAXON MORTGAGE SERVICES INC; OCWEN LOAN SERVICING ______________ On Appeal from the United States District Court for the District of New Jersey ...
13-1024
2013 | Cited 0 times
... PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1024 RICKEY DEAN CARROLL; CHERI CARROLL, Debtors-Appellants, v. JOHN FLETCHER LOGAN, Trustee – Appellee. Appeal from the United States Bankruptcy Court for the Eastern District of North Carolina, at Wilson. J. Rich ...
13-30073
2013 | Cited 0 times
... Case: 13-30073 Document: 00512451166 Page: 1 Date Filed: 11/22/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED November 22, 2013 No. 13-30073 Lyle W. Cayce Clerk In the Matter of: CHERYL ANN FLUGENCE, Debtor. CHERYL ANN ...
No. 92-1273
5 F.3d 547 (1993) | Cited 0 times
... Order AND JUDGMENT*fn* After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered submitted without oral ...
BAP No. SC-81-1013-LVH, Bankruptcy No. 80-02077-P
23 Bankr. 779 (1982) | Cited 0 times
... VOLINN, Bankruptcy Judge: On August 4, 1980, the Kings filed a petition under Chapter 13 of the Bankruptcy Reform Act of 1978. They were $2,702.26 in arrears on payment on the second deed of trust held by Central Federal Savings and Loan Association (Central) on their home. They also owed $3,805 ...
17-60019
2018 | Cited 0 times
... NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 25 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: LOUIS C. NEMETH, No. 17-60019 Debtor. BAP No. 16-1230 ______________________________ LOUIS C. NEMETH, MEMORANDUM* Appellant, v. AMRANE COHEN, Chapter ...
17-6025
2018 | Cited 0 times
... United States Bankruptcy Appellate Panel For the Eighth Circuit ___________________________ No. 17-6025 ___________________________ In re: Benjamin and Teresia Bennett Debtors. ------------------------------ The Paddock, LLC Creditor – Appellant, v. Benjamin M. Bennett, Debtor - Appellee ...
18-8013
2018 | Cited 0 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 18b0009p.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT In re: EARL BENARD BLASINGAME; MARGARET ┐ GOOCH BLASINGAME, │ Debtors. │ ___________________________________________ │ │ CHURCH JOINT VENTURE, L.P., > No. 17-8029 Plaintiff-Appellant, ...
17-3042
2019 | Cited 0 times
... NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 17-3042 & 17-3089 ________________ MILTON THOMAS, SR., Appellant in 17-3042 v. CITY OF PHILADELPHIA; THE SCHOOL DISTRICT OF PHILADELPHIA; WILLIAM MILLER, U.S. BANKRUPTCY TRUSTEE City of ...
16-16513
2018 | Cited 0 times
... Case: 16-16513 Date Filed: 12/06/2018 Page: 1 of 35 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-16513 ________________________ D.C. Docket Nos. 2:15-cv-00420-SPC; 9:09-bkc-02778-FMD IN RE: MILDRED M. DUKES, Debtor. ...
18-2098
2019 | Cited 0 times
... United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-2098 ___________________________ In re: Benjamin Matthew Bennett; Teresia Robin Bennett lllllllllllllllllllllDebtors ------------------------------ The Paddock, LLC lllllllllllllllllllllAppellant v. ...
17-11444
2019 | Cited 0 times
... Case: 17-11444 Date Filed: 08/28/2019 Page: 1 of 15 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No: 17-11444 ________________________ D.C. Docket Nos. 2:16-cv-00510-SPC; 9:10-bkc-30383-FMD IN RE: ARLENE ROTH, Debtor. ...
19-8004
2019 | Cited 0 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19b0009p.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT IN RE: ANTHONY MICHAEL DONNADIO; MELISSA ┐ MARIE DONNADIO, │ Debtors. │ ___________________________________________ │ SANTANDER CONSUMER USA INC., │ > No. 19-8004 Appellant, │ │ │ v. │ ...
18-60029
2020 | Cited 0 times
... FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN RE JASON SCOTT BROWN, No. 18-60029 Debtor, BAP No. 17-1068 KENNETH BROWN, Appellant, OPINION v. CHRISTOPHER BARCLAY, Appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel Kurtz, Spraker, and Alston, Bankruptcy ...
18-17180
2020 | Cited 0 times
... NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 4 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CAROLINE D. BOTE, Debtor, No. 18-17180 Appellant, D.C. No. 3:18-cv-02246-WHO v. MEMORANDUM* DEVIN DERHAM-BURK, Trustee, Appellee. Appeal from the United States ...
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