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11 U.S.C. § 362. Automatic stay

Flying Pigs, Inc v. RRAJ Franchising, LLC

Citation: 
Flying Pigs, LLC v. RRAJ Franchising, LLC., 4th Cir. No.: 13-2135 (July 01, 2014), 2014 U.S. App. LEXIS 12404
Ruling: 
Vacated and remanded, via published opinion on July 01, 2014, to the Superior Court of Lenior County, North Carolina.
Judge(s): 
Judge Robert B. King, Judge Roger L. Gregory, and Judge Stephanie D. Thacker. Opinion by Judge King, in which Judge Gregory and Judge Thacker joined.
Read on...

Branch Banking & Trust Co. v. Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc)

Citation: 
Branch Bank. & Trust Co. v. Constr. Super. Servs., Inc., Case No 13-1560 (4th Cir. May 22, 2014)
Ruling: 
Unperfected subcontractors lien is an interest in property as of the petition date for section 362(b)(3) and 546(b) purposes despite not having served notice of (i.e. perfected) such lien under state law pre-petiton. Subcontractors qualified under section 362(b)(3) exception ...
Judge(s): 
King, Shedd, and Wynn
Read on...

Lodge v. Kondaur Capital Corporation

Citation: 
13-10919; D.C. Docket No. 1:10-cv-00736-WCO (May 8, 2014)
Ruling: 
The Court of Appeals for the 11th Circuit affirmed the district court's orders granting summary judgment in favor of Defendants. The Circuit Court held that emotional distress damages fall within the broad term of "actual damages" in § 362(k) ...
Judge(s): 
Hull, Black and Walter
Read on...

Lira v. Bayview Loan Servicing, LLC (In re Lira)

Citation: 
BAP No. CC-13-1086 (April 23, 2014) (Not for Publication)
Ruling: 
A party cannot assert improper service as a defense on appeal if it was never raised before the bankruptcy court. Further, a bankruptcy court is not required to hold a hearing if the notice period expires with no objection under ...
Judge(s): 
Honorable Deborah J. Saltzman Presiding; Before Dunn, Pappas and Kirscher, Bankruptcy Judges
Read on...

C.W. Mining Co. v. Bank of Utah

Citation: 
No. 12–4174 (10th Cir. Apr. 15, 2014)
Ruling: 
Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a fully secured creditor could not be avoided pursuant to 11 U.S.C. ...
Judge(s): 
Mkovich, Brorby, and Murphy, Circuit Judges.
Read on...

Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).

Citation: 
Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).
Ruling: 
Appellate Panel of 10th Circuit holds that secured creditor is "adequately protected" under Section 363(e) when the value of property securing creditor's claim exceeds the creditor's claim by a reasonable margin. Court held that when a creditor is not ...
Judge(s): 
Judge Michael, Judge Jacobvitz, and Judge Marker
Read on...

TD Bank, N.A. v. LaPointe

Citation: 
TD Bank, N.A. v. LaPointe; BAP No. NH 13-029
Ruling: 
Bankruptcy court's order denying relief from the automatic stay reversed.
Judge(s): 
BK judges FInkle, Feeney (author) and Tester.
Read on...

Behrens v. US (In re Behrens)

Citation: 
No. 13-6052 (8th Cir. B.A.P. February 12, 2014).
Ruling: 
Affirming the bankruptcy court’s ruling, the Eighth Circuit Bankruptcy Appellate Panel held that a bankruptcy case or adversary proceeding may not be used as a means to collaterally attack a prepetition final criminal judgment.
Judge(s): 
Schermer, Nail, and Shodeen.
Read on...

Rediger Investment Corp, et al. v. H Granados Communications, Inc. (In re H Granados Communications, Inc.)

Citation: 
BAP No. CC-13-1145-TaDKi
Ruling: 
The BAP affirmed the bankruptcy court’s decision. The BAP denied the Appellant’s request for Judicial Notice stating that it did not enhance the BAP’s view or otherwise assist in the appeal. Moreover, the BAP held the contempt Order ...
Judge(s): 
Hon. Taylor, Dunn, and Kirscher
Read on...

Behrens v. U.S. Bank National Association (In re Behrens)

Citation: 
In Re Behrens, 8th Cir. B.A.P. (13-6032), November 26, 2013
Ruling: 
The 8th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting the secured creditor relief from the automatic stay to complete its foreclosure proceedings.
Judge(s): 
Chief Judge Schermer, Federman and Shodeen
Read on...
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