Topic: Automatic Stay

Weber v. SEFCU (In re Weber)

Citation: 
Docket No. 12-1632-bk (2nd Cir. May 8, 2013)
Ruling: 
AFFIRMED District Court and held that failing to deliver repossessed vehicle to the debtor promptly after receiving notice of pending petition constituted willful violation of the automatic stay under Chapter 13 of the Bankruptcy Code, and creditor is responsible for ...
Judge(s): 
Circuit Judges Cabranes, Raggi, and Carney (Decision by Susan L. Carney).
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Owens v. GMAC Mortgage, LLC (In re Owens)

Citation: 
Owens v. GMAC Mortgage, LLC (In re Owens), Case No.12-15142 (11th Cir. April 29, 2013) (unpublished) (per curiam)
Ruling: 
If an appellant intends to urge on appeal that a finding or conclusion is unsupported by evidence or is contrary to the evidence, the appellant must include in the record a transcript of all evidence relevant to that finding or ...
Judge(s): 
Tjoflat, Pryor and Kravitch
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Pinpoint IT Services, LLC v. Atlas IT Export, LLC (In re Atlas IT Export, LLC)

Citation: 
1st Cir. BAP No. PR 12-073
Ruling: 
The appeal was dismissed for lack of standing on the part of the appellant since it could not demonstrate that it was in any way "aggrieved" by the bankruptcy court's grant of relief from the automatic stay
Judge(s): 
Haines (author), Feeney and Hoffman.
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Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.)

Citation: 
11-4376
Ruling: 
Second circuit upheld decisions of bankruptcy court and district court recognizing that Fairfield Sentry Limited ("Sentry") had its center of main intest ("COMI") in the British Virgin Islands ("BVI"). Accordingly, Sentry's previously filed liquidation in BVI would be ...
Judge(s): 
Jacobs, Chief Judge; Winter, Circuit Judge; Swain District Judge
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Arroyo v. Scotiabank de Puerto Rico (In re Arroyo)

Citation: 
BAP No. PR 12-045
Ruling: 
Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the appealed order adversely affected his discharge.
Judge(s): 
Haines, Feeney and Hoffman
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In re Creekside Senior Apartments, L.P.

Citation: 
No. 13b0001p.06, 2013 FED App.0001P (B.A.P. 6th Cir. Mar 15 2013)
Ruling: 
Bankruptcy Court did not abuse its discretion in dismissing Chapter 11 cases for "cause" pursuant to Section 1112(b) where it projected negative net cash flow through 2020, ceased making adequate protection payments, and where it was unable to confirm plan ...
Judge(s): 
Harris, Humphrey, Preston
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Rajala v. Gardner

Citation: 
Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)
Ruling: 
The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who claimed the funds. The trustee claimed the funds ...
Judge(s): 
Kelly, Murphy, and Tymkovich
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Jean v. SunTrust Bank (In re Jean)

Citation: 
In re Jean (Jean v. SunTrust Bank), Case No. 12-13333 (11th Cir. February 13, 2013) (unpublished) (per curiam).
Ruling: 
Whether the automatic stay comes into effect upon the filing of a bankruptcy petition does not hinge on whether two cases have been filed within the year, but rather, whether two cases have been pending within one year. In ...
Judge(s): 
Tjoflat, Hull and Marcus
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State Bank of Florence v. Miller (In re Miller)

Citation: 
File name: 13a0134n.06; Case No. 11-2357
Ruling: 
Unpublished opinion affirming the Sixth Circuit BAP, which affirmed bankruptcy court rulings denying bank's motion for relief from the automatic stay and its objection to confirmation of the debtor's Chapter 13 plan. By credit bidding the total amount of ...
Judge(s): 
Cook, Stranch and Stamp (Dist. Judge, N.D. WV); opinion by Stranch
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Smith v. State of Missouri (In re Smith)

Citation: 
Smith v. State of Missouri (In re Smith), 12-6060 (8th Cir. BAP Feb. 5, 2013)
Ruling: 
A debtor’s post-petition incarceration expenses under a Missouri Incarceration Reimbursement Act (MIRA) judgment were not discharged in bankruptcy. See Mo. Ann. Stat. Sec. 217.825-217.841. The debtor's pre-petition accrued costs under the judgment were discharged.
Judge(s): 
Kressel, Saladino, and Nail. Opinion written by Judge Kressel.
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