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11 U.S.C. § 362. Automatic stay

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in the unpublished decision, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's award of damages for Reliance Steel & Aluminum, Co. ("Reliance")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 Unpublished.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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America's Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard)

Citation: 
In re Schwartz-Tallard, No. 1260052 (9th Cir. Oct. 14, 2015).
Ruling: 
A debtor may recover all attorney fees incurred in prosecuting an action for damages under § 362, not just those incurred until the stay violation ceases.
Judge(s): 
Sidney R. Thomas, Chief Judge, Stephen Reinhardt, Diarmuid F. O’Scannlain, M. Margaret McKeown, William A. Fletcher, Richard C. Tallman, Carlos T. Bea, Milan D. Smith, Jr., Sandra S. Ikuta, Paul J. Watford, and Andrew D. Hurwitz, Circuit Judges. Opinion by Judge Watford; concurrence by Judge Bea; dissent by Judge Ikuta.
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Biltmore Investments, LTD v. TD Bank, N.A.

Citation: 
Biltmore Investments, LTD v. TD Bank, N.A., Case No. 15-1076 (4th Cir. Oct. 1, 2015) (unpublished) (per curiam).
Ruling: 
The court of appeals held the automatic stay expired upon confirmation of a Chapter 11 plan of reorganization. The district court erred in extending the automatic stay stay to enjoin a bank from foreclosing on the stock of ...
Judge(s): 
Before Circuit Judges Paul V. Niemeyer,Robert B. King, and Roger L. Gregory.
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Weary v. Poteat

Citation: 
15a0662n.06; Docket No. 15-5159
Ruling: 
Affirming the district court ruling below, the Sixth Circuit Court of Appeals held a prior landlord's letter to the debtor's attorney and mother threatening criminal prosecution did not fall within the exception to the automatic stay for the "commencement or ...
Judge(s): 
Merritt, McKeague and White, opinion by McKeague
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Lira v. Wells Fargo Bank (In re Lira)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1338-DKiBr (August 4, 2015) - Not for Publication
Ruling: 
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling. The bankruptcy court correctly determined that Wells Fargo, N.A. had standing and at least a colorable claim to foreclose on the real property pursuant to Sec. 362. Moreover, "in ...
Judge(s): 
Honorable DUNN, KIRSCHER and BRANDT,3 Bankruptcy Judges.
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