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Topic: Automatic Stay

Sullivan v. Harnisch (In re Sullivan)

Citation: 
Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]
Ruling: 
In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the appellant filed the bankruptcy petition in bad faith. The appellate ...
Judge(s): 
TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.
Read on...

Aguilar v. Ocwen Loan Servicing, LLC (In re Aguilar)

Citation: 
BAP Nos. CC-14-1017-PaTaKu; CC-14-1073-PaTaKu (unpublished)
Ruling: 
In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks standing to assert claims that are property of the estate and ...
Judge(s): 
PAPPS, TAYLOR, and KURTZ, Bankruptcy Judges.
Read on...

Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.)

Citation: 
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil Company, Inc. (DOC) and Quail Hollow Inn, LLC (QHI). The appellate ...
Judge(s): 
JURY, KIRSCHER, and DUNN, Bankruptcy Judges.
Read on...

Ellis v. Yu (In re Ellis)

Citation: 
NC-14-1052-PAJuKu (B.A.P. 9th Cir. November 19, 2014)
Ruling: 
The BAP panel dismissed appeal as moot. After filing the appeal, Debtor's Chapter 13 case was converted to a Chapter 7 and a discharge was entered. The BAP held it could not exercise jurisdiction over a moot appeal ...
Judge(s): 
BAP Panel: Pappas, Jury, and Kurtz.
Read on...

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...
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