11 U.S.C. § 362. Automatic stay

Weber v. SEFCU (In re Weber)

Summarized by Joel Levitin, Cahill Gordon & Reindel LLP 1 week 2 days ago

2nd Circuit, 11 U.S.C. § 362, 11 U.S.C. § 541, 11 U.S.C. § 542, Automatic Stay, Consumer Bankruptcy

Citation:

Docket No. 12-1632-bk (2nd Cir. May 8, 2013)

Ruling:

AFFIRMED District Court and held that failing to deliver repossessed vehicle to the debtor promptly after receiving notice of pending petition constituted willful violation of the automatic stay under Chapter 13 of the Bankruptcy Code, and creditor is responsible for ...

Judge(s):

Circuit Judges Cabranes, Raggi, and Carney (Decision by Susan L. Carney).

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Singh v. Cusick (In re Singh)

Summarized by Holly Roark, Roark Law Offices 4 weeks 2 days ago

9th Circuit, 11 U.S.C. § 362, Personal Bankruptcy Topics

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Citation:

BAP No. EC-11-1700-DJuMk, Adv. No. 11-02118-RHS, BK. No. 10-28544-RHS

Ruling:

Debtor has no standing to claim wife's interest in tax refund where he specifically denied that he had any interest in the tax refund, did not schedule or exempt the funds, and the wife had not filed an answer to ...

Judge(s):

Ronald H. Sargis

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Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.)

Summarized by Cassandra Porter, Lowenstein Sandler 4 weeks 3 days ago

2nd Circuit, 11 U.S.C. § 362, 11 U.S.C. § 1502, 11 U.S.C. § 1508, 11 U.S.C. § 1517, 11 U.S.C. § 1520, 11 U.S.C. § 1521, Automatic Stay, International Insolvency

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Citation:

11-4376

Ruling:

Second circuit upheld decisions of bankruptcy court and district court recognizing that Fairfield Sentry Limited ("Sentry") had its center of main intest ("COMI") in the British Virgin Islands ("BVI"). Accordingly, Sentry's previously filed liquidation in BVI would be ...

Judge(s):

Jacobs, Chief Judge; Winter, Circuit Judge; Swain District Judge

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Cook v. Wells Fargo Bank, N.A. (In re Cook)

Summarized by Steven T. Mulligan, Bieging Shapiro & Barber LLP 6 weeks 1 day ago

10th Circuit, 11 U.S.C. § 102, 11 U.S.C. § 362, Federal Rule 6007, Practice and Procedure

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Citation:

Cook v. Wells Fargo Bank, N.A., et al., Case No. 12-2100 (10th Cir. April 2, 2013) (unpublished)

Ruling:

Failure to follow the procedural requirements of § 554 and Rule 6007 renders abandonment ineffective resulting in Appellant lack of standing to pursue sanctions motion and § 102(1) is not applicable in this case. Also, § 362(k) creates a ...

Judge(s):

Lucero, Porfilio, Matheson

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Arroyo v. Scotiabank de Puerto Rico (In re Arroyo)

Summarized by William Amann, Craig, Deachman & Amann, PLLC 6 weeks 2 days ago

1st Circuit, 11 U.S.C. § 362, 11 U.S.C. § 727, Federal Rule 8001, Mortgage, Automatic Stay, Venue/Jurisdiction, Consumer Bankruptcy, Bankruptcy Litigation, Discharge/Dischargeability, Personal Bankruptcy Topics, Bankruptcy Process and Procedure

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Citation:

BAP No. PR 12-045

Ruling:

Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the appealed order adversely affected his discharge.

Judge(s):

Haines, Feeney and Hoffman

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North American Banking Co. v. Leonard (In re WEB2B Payment Solutions, Inc.)

Summarized by Brendan Gage, U.S. Bankruptcy Court, Eastern & Western Districts of Arkansas 7 weeks 3 days ago

8th Circuit, 11 U.S.C. § 362, 11 U.S.C. § 542, Finance and Banking, Practice and Procedure, Uniform Commercial Code/Article 9

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Citation:

No. 12-6047 (B.A.P. 8th Cir. Mar. 25, 2013)

Ruling:

Affirming the bankruptcy court (the “BC”), the Bankruptcy Appellate Panel (the “BAP”) for the Eighth Circuit held that a creditor loses its possessory lien in deposit accounts when it turns over the account funds to the trustee without requesting ...

Judge(s):

Federman, Chief Judge, Schermer, and Nail, bankruptcy judges.

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In re Creekside Senior Apartments, L.P.

Summarized by Brian Meldrum, Stites & Harbison PLLC 7 weeks 4 days ago

6th Circuit, 11 U.S.C. § 362, 11 U.S.C. § 1112, Claims, Real Estate, Automatic Stay, Plan Confirmation

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Citation:

No. 13b0001p.06, 2013 FED App.0001P (B.A.P. 6th Cir. Mar 15 2013)

Ruling:

Bankruptcy Court did not abuse its discretion in dismissing Chapter 11 cases for "cause" pursuant to Section 1112(b) where it projected negative net cash flow through 2020, ceased making adequate protection payments, and where it was unable to confirm plan ...

Judge(s):

Harris, Humphrey, Preston

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In re Dyer

Summarized by Laura Bartell, Wayne State University Law School 9 weeks 1 day ago

6th Circuit, 11 U.S.C. § 329, 11 U.S.C. § 362, 11 U.S.C. § 1325, Personal Bankruptcy Topics

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Citation:

No. 12-8030 (6th Cir. BAP March 14, 2013)

Ruling:

The Sixth Circuit Bankruptcy Appellate Panel vacated order of bankruptcy court for the S.D. Ohio denying confirmation of debtors' chapter 13 plan, dismissing debtors' bankruptcy case and ordering disgorgement of attorneys' fees, and remanded for further proceedings.

Judge(s):

Emerson, Harris and Lloyd

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Rajala v. Gardner

Summarized by Lars Fuller, Baker & Hostetler LLP 9 weeks 3 days ago

10th Circuit, 11 U.S.C. § 362, 11 U.S.C. § 541, 11 U.S.C. § 544, 11 U.S.C. § 548, Claims, Automatic Stay, Commercial Fraud, Venue/Jurisdiction, Fraudulent Transfers, Bankruptcy Litigation

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Citation:

Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)

Ruling:

The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who claimed the funds. The trustee claimed the funds ...

Judge(s):

Kelly, Murphy, and Tymkovich

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Russell v. Aurora Bank FSB (In re Russell)

Summarized by Holly Roark, Roark Law Offices 10 weeks 3 days ago

9th Circuit, 11 U.S.C. § 362, Federal Rule 9024, Bankruptcy Process and Procedure

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Citation:

BAP No. CC-12-1312-DKiPa

Ruling:

The Bankruptcy Appellate Panel ("BAP") affirmed the lower court granting relief from the automatic stay where the Debtors argued (for the first time on appeal) that the creditor had not taken into account several payments prior to submitting its declaration ...

Judge(s):

Dunn, Kirscher, and Pappas

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11 U.S.C. § 362. Automatic stay

Weber v. SEFCU (In re Weber)

Singh v. Cusick (In re Singh)

Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.)

Cook v. Wells Fargo Bank, N.A. (In re Cook)

Arroyo v. Scotiabank de Puerto Rico (In re Arroyo)

North American Banking Co. v. Leonard (In re WEB2B Payment Solutions, Inc.)

In re Creekside Senior Apartments, L.P.

In re Dyer

Rajala v. Gardner

Russell v. Aurora Bank FSB (In re Russell)

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