11 U.S.C. § 362. Automatic stay

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 Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).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 Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).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
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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.
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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.
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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
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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
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Alakozai v. citizens Equity First Credit Union (In re Alakozai)

Citation: 
BAP NC-12-1470 PaDJu
Ruling: 
The 9th Cir. BAP agreed with the Bankruptcy Court and held that an in rem order entered in a prior bankruptcy case was effective as to the real property previously owned by the Debtor / Appellant, and the automatic stay ...
Judge(s): 
Honorable Pappas, Dunn, and Jury
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Simon v. FIA Card Services, N.A.

Citation: 
Simon v. FIA Card Services, N.A., No. 12-3293, 2013 WL 5508868 (3d Cir. Oct. 7, 2013)
Ruling: 
Affirming in part and reversing in part the dismissal of the Debtors’ claims under the Fair Debt Collection Practices Act (the “FDCPA”) and remanding the case back to the United States District Court for the District of New Jersey for ...
Judge(s): 
The Honorable Lee H. Rosenthal, the United States District Court for the Southern District of Texas, sitting by designation
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Caraway v. Klein (In re Klein)

Citation: 
In re Klein, 9th Cir. BAP., No. NC-12-1263-JuPaD (October 03, 2013) [NOT FOR PUBLICATION]
Ruling: 
In an unpublished opinion, the 9th circuit bankruptcy appellate panel affirmed the finding by the bankruptcy court, that Douglas Caraway’s state court judgment debt against debtor, Jack Klein, was dischargeable on the grounds that (1) Caraway had made a ...
Judge(s): 
JURY, PAPPAS, and DUNN,
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Mendaros v. JPMorgan Chase Bank, N.A.

Citation: 
Maritess Tamondong Mendaros v. JPMorgan Chase Bank, N.A. (In re Mendaros), BAP No. NC-12-1322-JuPaD (9th Cir. B.A.P. Oct. 2, 2013) (unpublished)
Ruling: 
The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the Bankruptcy Court's order annulling the automatic stay and granting appellee JPMorgan Chase Bank's motion to validate a postpetition foreclosure sale of the debtor's property.
Judge(s): 
Jury, Pappas, and Dunn, Bankruptcy Judges
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Randall L. Seaver, Trustee v. New Buffalo Auto Sales (In re Hecker)

Citation: 
No. 13-6005, --- B.R. --- (B.A.P. 8th Cir. Aug. 8, 2013)
Ruling: 
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (the “BAP”) held that (1) a junior lienholder lacked a cognizable injury required to have appellate standing to challenge the postpetition registration of prepetition ...
Judge(s): 
Federman, Chief Judge, Saladino and Nail, Bankruptcy Judges.
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