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11 U.S.C. § 362. Automatic stay

Tendering Phones Holders, et al. v. Large Private Benefecial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

Citation: 
2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)
Ruling: 
The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while avoidance proceedings against the same transfers brought by a party exercising the powers ...
Judge(s): 
WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge
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Ozenne v. Chase Manhattan Bank, et al. (In re Ozenne)

Citation: 
No. 11-60039 (9th Cir. March 25, 2016) (Published)
Ruling: 
The 9th Circuit vacated the BAP's denial of a petition for a writ of mandamus, holding the BAP did not have jurisdiction to consider the writ petition, reversing In re Salter, 279 B.R. 278 (B.A.P. 9th Cir. 2002). The 9th Circuit ...
Judge(s): 
Wallace, Leavy, Bybee
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Park v. Laski (In re Holy Hill Community Church)

Citation: 
BAP No. CC-15-1270-TaKuF (BAP 9th Cir. Mar. 7, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed in part, and reversed and remanded in part, the ruling of the bankruptcy court (C.D. Cal.), affirming the bankruptcy court's finding of a willful violation of the automatic stay, and affirming the bankruptcy ...
Judge(s): 
Taylor, Kurtz, Faris
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Federal Trade Commission v. Commerce Planet, Inc., et al.

Citation: 
No. 12-57064 (9th Cir. Mar. 3, 2016)
Ruling: 
In a published decision, the 9th Circuit affirmed in part, and vacated in part, the district court's (C.D. Cal.) order finding that defendant entity violated s 5 of the FTC Act; holding the entity's principal liable for the company's unlawful ...
Judge(s): 
Callahan, Watford, Owens
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Reliance Steel & Aluminum Co. v. Locklin (In re Locklin)

Citation: 
9th Cir. BAP Case No. CC-15-1008-KuFKi and CC-14-1446-KuFKi (December 7, 2015)
Ruling: 
in the unpublished decision, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's award of damages for Reliance Steel & Aluminum, Co. ("Reliance") and Reliance's counsel's willful violation of the automatic stay. A stay violation is willful ...
Judge(s): 
Honorable KURTZ, FARIS and KIRSCHER.
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Lavenhar v. First American Title Insurance Co. (In re Lavenhar)

Citation: 
Lavenhar v. First American Title Insurance Co. (In re Lavenhar), Case No. 14-1391 (10th Cir. July 29, 2014). Published.
Ruling: 
A chapter 7 trustee has the sole power to bring a fraudulent conveyance action but a creditor is a party in interest entitled to object to another creditor’s claim.
Judge(s): 
Briscoe, Murphy, Gorsuch (Murphy)
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In re Martin, Sr.

Citation: 
In re Martin (6th Cir. BAP Dec. 16, 2015)
Ruling: 
Bankruptcy court did not err in granting creditor stay relief to continue litigation against the Debtor in pending state court action. Applying the factors set forth in In re Sonnax Industries, 907 F.2d 1280 (2d Cir. 1990) and In ...
Judge(s): 
Delk, Harrison and Lloyd
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Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez)

Citation: 
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling: 
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of discretion in the bankruptcy court's determination that plaintiff failed to state ...
Judge(s): 
Taylor, Dunn, Jury
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Dampier, Jr. v. Credit Investment, Inc., et al (in re Dampier)

Citation: 
Dampier, Jr. v. Credit Investments, Inc., et al. (In re Dampier, Jr.) Case No. CO-15-006 (BAP 10th Cir. November 5, 2015). Unpublished.
Ruling: 
Bankruptcy court has exclusive jurisdiction to determine the dischargeability of a state court judgment but the bankruptcy court and state court have concurrent jurisdiction to determine the validity and amount of a creditor’s claim. In determining whether to grant ...
Judge(s): 
Thurman, Jacobvitz, Hall (Thurman)
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Jester v. Wells Fargo Bank N.A. (In re Jester)

Citation: 
Jester, et al. v. Wells Fargo Bank N.A. (In re Jester), Case No. EO-15-002 (BAP 10th Cir. October 22, 2015). Unpublished.
Ruling: 
If a court is unable to provide debtor any relief, reopening a bankruptcy case would be futile and a court does not abuse its discretion if it refuses to reopen the case. In this case, neither the failure to ...
Judge(s): 
Thurman, Jacobvitz, Hall (Hall)
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