Thank you!

The ABI hopes that you have enjoyed using Volo and that it is beneficial to your practice. Beginning on April 23rd, 2014 the full Volo summaries, opinions and notifications will be available only for ABI members. If you are an ABI member you will simply need to log in to the Volo site with your ABI username and password in order to access Volo's full range of services. If you are not an member, you will still be able to search the site, but you will no longer receive full text of the summaries, opinions or valuable notifications. Becoming an ABI member is simple and inexpensive. Sign up for a free 30-day test drive membership, which will give you access to all of ABI's online research products, including ABI's invaluable search tool search.abi.org, the ABI Journal and MORE!! You can sign up for a trial membership here.

Topic: Automatic Stay

Bugg v. Gray (In re Gray)

Citation: 
Bugg v. Gray (In re Gray), 2014 WL 6611089 (8th Cir. BAP November 24, 2014)
Ruling: 
Bankruptcy court order awarding damages for willful violation of the automatic stay was affirmed as to actual damages but reversed as to punitive damages because there was no evidence of egregious, intentional misconduct.
Judge(s): 
Federman, Kressel, and Schermer
Read on...

Carter v. First National Bank of Crossett

Citation: 
______ Fed.Appx. ____
Ruling: 
Bank did not willfully violate the automatic stay when it continued a replevin action against a assigned its assets to the debtor. Because the bank did not know, it did not act willfully and the bankruptcy court did not abuse ...
Judge(s): 
Bye, Shepherd, Kelly
Read on...

Yen v. Pedroche (In re Pedroche)

Citation: 
BAP No. NC-13-1618-JuKuPa (determined not to be appropriate for publication)
Ruling: 
A bankruptcy court is required to hold an evidentiary hearing on whether a creditor is aware of a discharge injunction and whether the creditor is aware that the injunction applies to the creditor's claim before it may impose a contempt ...
Judge(s): 
Jury, Kurtz, and Pappas.
Read on...

Carlson v. U.S. Bank (In re Carlson)

Citation: 
Carson v. U.S. Bank, N.A. (In re Carlson), No. 14-6024 (BAP 8th Cir. October 17, 2014)
Ruling: 
The 8th Circuit BAP affirmed the rulings of the U.S. Bankruptcy Court for the District of Minnesota denying debtors' motion for violation of automatic stay, violation of homestead exemption, violation of discharge, and creditor misconduct. The BAP ruled that ...
Judge(s): 
Federman, Saladino, Shodeen
Read on...

Mullin v. Wells Fargo Bank (In re Mullin)

Citation: 
Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed against appellees, Wells Fargo Bank, N.A. (WFB). The court found that since all ...
Judge(s): 
JURY, KURTZ, and PAPPAS, Bankruptcy Judges
Read on...

Holt Texas v. Zayler (In the Matter of T.S.C. Seiber Services)

Citation: 
--- F.3d ---, Case No. 13-41153 (5th Cir. Nov. 3, 2014)
Ruling: 
REVERSED judgment of the District Court: "Simply depositing interpleader funds does not automatically mean that the funds have been legally accepted, ownership thereof transferred, and the interpleader relieved of further duty to the court or further obligation to the ...
Judge(s): 
Jolly, Southwick and Haynes; Opinion by E. Grady Jolly
Read on...

Haddad v. Randall S. Miller Associates, PC

Citation: 
14a0791n.06; Case No. 13-2492; Not recommended for full-text publication
Ruling: 
Sixth Circuit affirmed District Court's grant of a Fed. R. Civ. P. 12(b)(6) motion by mortgagee's counsel to dismiss an action filed by mortgagors against mortgagee's counsel under the Fair Debt Collection Practices Act (FDCPA). Mortgagors alleged mortgagee's counsel ...
Judge(s): 
Siler, Batchelder and Donald, Circuit Judges
Read on...

Richardson v. Koch Law Firm, P.C.

Citation: 
Richardson v. Koch Law Firm, P.C No. 12-3868
Ruling: 
Court of Appeals Holding: Since the State Court vacated the initial default judgment, justification for the District Court’s dismissal under Rooker-Feldman no longer exists. Additionally, Richardson has been entirely derelict in his own defense. He has failed on several ...
Judge(s): 
Chief Judge Wood; Judge Easterbrook; Judge Sykes
Read on...

In re Allen

Citation: 
No. 13-3543, Slip Op. (3rd Cir. September 26, 2014)
Ruling: 
Where a debtor avoids a fraudulent transfer and obtains a recovery order, it has sufficiently "recovered" those funds such that they are part of the debtor's estate under the Bankruptcy Code.
Judge(s): 
Fisher, Scirica, Cowen
Read on...

Snowden v. Check into Cash of Washington, Inc

Citation: 
Matter of Snowden, No. 13-35291 (9th Cir. Sep. 12, 2014).
Ruling: 
For an automatic stay violation, the chapter 7 debtor was entitled to receive emotional distress damages, punitive damages, and attorney fees incurred to end the violation, but not fees incurred to recover damages.
Judge(s): 
Alfred T. Goodwin, M. Margaret McKeown, and Paul J. Watford, Circuit Judges.
Read on...
Syndicate content