TESTER, Bankruptcy Judge. The debtors, Ralph G. Canning, III and Megan L. Canning (collectively "the Cannings"), appeal from a bankruptcy court judgment holding that Beneficial Maine, Inc., HSBC Mortgage Services, Inc., and HSBC Mortgage Corporation (collectively "Beneficial") 1 did not violate the discharge injunction by refusing to foreclose or release its mortgage lien on the Cannings' residence. For the reasons set forth below, the judgment of the bankruptcy court is AFFIRMED....
, In In re Rivera Torres, a case involving a violation of the discharge injunction, the First Circuit held that Congress has not `definitely and unequivocally' waived sovereign immunity under § 106 of the Bankruptcy Code for emotional damages. Sternberg, 595 F.3d at 948. Bertuccio v. Cal.
Pawtucket Credit Union (Pawtucket) is the holder of a claim secured by a second mortgage against Picchi's two-family home. But, in deciding Nobelman, the Supreme Court did not address when a claim is secured only by a security interest in real property that is the debtor's principle residence.
[2] In the modified plan, the debtor sought to reduce the amount of DHHS's claim for unpaid child support obligations to account for certain federal income tax refunds of the debtor seized by DHHS after plan confirmation. or (2) with leave of court, from certain interlocutory orders.
A. The Causation Issue, The dispositive issue in this appeal is whether Goguen's misrepresentation about the status of the permit application caused Sharfarz's damages., [5] Ordinarily, a separate written judgment is required in a dischargeability action as evidence of the final determination.
, The First Circuit has ruled that four elements are required to deny a discharge under § 727(a)(2)(A): (1) transfer or concealment of property, (2) that belonged to the debtor, (3) less than a year before the bankruptcy petition, (4) with actual intent to hinder, delay or defraud a creditor.
, The bankruptcy court took the matter under advisement and issued a Memorandum in which it found that the Debtor intentionally and fraudulently omitted and undervalued assets on Schedule B, including a Rolex watch, the bank account, and the 1970 Chevelle.
The documents specifically provided that the Debtors were granting the mortgage to Mortgage Electronic Registration Systems, Inc. (MERS), as nominee for IndyMac, and its successors and assigns., In an oral ruling, the bankruptcy court granted Deutsche Bank summary judgment. See TI Fed.
In the bankruptcy court's view, Kaufman stands for the proposition that when an individual signs a title instrument to property in his capacity as trustee of a trust, he conveys all right, title and interest he has in the property, whether he owns it as a trustee or as an individual.
In re El San Juan Hotel, 809 F.2d at 154 n. 5 (debtor normally has no interest in the distribution of estate's property);, [3] After Emigrant filed the Motion and the Debtor filed her opposition, but before the hearing, the bankruptcy court entered an order converting the case to chapter 7.
The Debtor filed a notice of appeal and a motion for reconsideration of the Conversion Order (the Reconsideration Motion). On January 19, 2010, the bankruptcy court issued an order advancing the hearing date to January 21, 2010, based upon averments that there was no property insurance.
is proof of notice. Neither party included in the record copies of the Old Mortgage to demonstrate that the street address was the same as the New Mortgage, and the parties did not stipulate to any facts from which the trial court (or we) could rely in reaching that conclusion.
[3] The bankruptcy court entered summary judgment in favor of Bayview on the RESPA count, holding that RESPA does not apply to the Debtor's loan.one files a proof of claim in order to recover from the estate Ameriquest Mortgage Co. v. Nosek (In re Nosek), 544 F.3d 34, 43 (1st Cir.2008).
