Legal Opinion
MacKenzie v. Neidorf (In Re Neidorf)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided July 10, 2015No. BAP AZ-14-1496-JuKiPa; Bankruptcy 2:08-bk-08600-MCWPublishedCited by 11 opinions
1Opinion of the Court
OPINION
JURY, Bankruptcy Judge.
Chapter 7 1 debtor Carrie Margaret Nei-dorf (Debtor) scheduled her real property (Residence) as an asset of her estate. There was no equity in the property. Postpetition, the lender obtained an unopposed relief from stay order and foreclosed on the property. Years after the foreclosure, but while her bankruptcy case was still open, Debtor received a postpetition payment in the amount of $31,250 (Foreclosure Payment). The payment was made to Debtor pursuant to a national settlement between banking regulators and certain financial institutions, including Bank of…
2Cases cited5 opinions
- In Re: Daryl Lee Vote, Debtor. Wayne Drewes, as Bankruptcy Trustee v. Daryl Lee VoteCourt of Appeals for the Eighth Circuit · 2002
- In Re Raymond R. Olsen, Debtor. John R. Olsen v. Gordon Zerbetz, TrusteeCourt of Appeals for the Ninth Circuit · 1994
- Cisneros v. Kim (In Re Kim)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- TMT Procurement Corp. v. Vantage Drilling Co. (In Re TMT Procurement Corp.)Court of Appeals for the Fifth Circuit · 2014
- Seaver v. Klein-Swanson (In re Klein-Swanson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2013
3Cited by11 opinions
- Porrett v. Hillen (In re Porret)District Court, D. Idaho · 2016
- In re BoltonUnited States Bankruptcy Court, D. Idaho · 2018
- In re PorrettUnited States Bankruptcy Court, D. Idaho · 2016
- Adelina A MorenoUnited States Bankruptcy Court, W.D. Washington · 2021
- Alicia Ann Mahar v. New Rez LLC d/b/a Shellpoint Mortgage Servicing, US National Bank National Association, as Trustee for Credit Suisse First Boston Mortgage Securities Corp., CSAP Mortgage-Backed Pass-Through Certificates, Series 2006-3 (as identified in Annex 3 to the Credit Suisse DOJ Settlement)United States Bankruptcy Court, E.D. Virginia · 2026
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