7 results for 'cat:"Bankruptcy" AND cat:"Foreclosure"'.
J. Clark finds that the lower court properly dismissed residential foreclosure claims as time-barred. The borrowers tolled the action for a time with the bankruptcy filing, but the original lender's voluntary discontinuance of the action did not de-accelerate the debt prior to the expiration of the six-year statute of limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: January 11, 2024, Case #: 535925, Categories: bankruptcy, Civil Procedure, foreclosure
J. Aaron finds that the lower court properly found for the owner of an apartment complex in claims contending legal malpractice resulted in sale of a property in foreclosure. The case was complicated by a bankruptcy filing represented by another law firm, and the attorney handling foreclosure failed to alert the owner of the sale when the bankruptcy stay was lifted. Furthermore, the law firm handling the bankruptcy matter lacked liability in the foreclosure action. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: January 4, 2024, Case #: CV-22-2238, Categories: bankruptcy, foreclosure, Legal Malpractice
J. Connolly properly denied the borrower's motion to dismiss the bank's claims stemming from his transfer of property years before filing for bankruptcy. The bankruptcy stay does not prohibit the bank from commencing this foreclosure action against the entity to which the borrower deeded the subject property. Affirmed.
Court: New York Appellate Divisions, Judge: Connolly, Filed On: October 18, 2023, Case #: 05242, Categories: bankruptcy, foreclosure
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J. Wilson finds the bankruptcy court properly applied law-of-the-case doctrine in granting summary judgment to the investment company which held the note on the other investment company’s building, which was being foreclosed-upon during that company’s bankruptcy proceedings. A cited, prior bankruptcy court order is internally contradictory and not instructive on whether it actually decided the correct amount that the company owed to the note holder. The court defers to the bankruptcy court’s reasonable interpretation that the company did own money. Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: August 18, 2023, Case #: 22-30602, Categories: bankruptcy, Debt Collection, foreclosure
J. Chasanow partially affirms the bankruptcy court’s partial summary judgment granted to a debtor who filed for bankruptcy after his property was bid upon by a buyer when the debtor didn’t pay his property taxes. The buyer bid on the property but did not pay the full amount before the debtor filed for bankruptcy, preventing completion of the sale. The bankruptcy court was correct in granting partial summary judgment, so foreclosure is avoided and the title stays with the debtor.
Court: USDC Maryland, Judge: Chasanow, Filed On: August 11, 2023, Case #: 8:22cv2694, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Property, foreclosure