Topic: Automatic Stay

Schwartz-Tallard v. America's Servicing Co

Citation: 
America’s Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard), Case No. 11-1429 (9th Cir. Apr. 16, 2014).
Ruling: 
The Court of Appeals for the Ninth Circuit (the "Ninth Circuit") affirmed the decision of the Bankruptcy Appellate Panel for the Ninth Circuit (the "B.A.P."), holding that a debtor is not precluded from recovering, as damages, attorneys’ fees for defending ...
Judge(s): 
J. Clifford Wallace and Ronald M. Gould, Circuit Judges and Paul C. Huck, Senior District Judge (sitting by designation).
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C.W. Mining Co. v. Bank of Utah

Citation: 
No. 12–4174 (10th Cir. Apr. 15, 2014)
Ruling: 
Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a fully secured creditor could not be avoided pursuant to 11 U.S.C. ...
Judge(s): 
Mkovich, Brorby, and Murphy, Circuit Judges.
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Borm v. CitiMortgage, Inc. (In re Borm)

Citation: 
CitiMortgage, Inc. v. Borm (In re Borm), Case No. 13-6065 (B.A.P. 8th Cir. Apr. 2, 2014)
Ruling: 
Bankruptcy court abused its discretion in denying mortgage creditor's request for relief from automatic stay when debtors missed significant number of post-petition mortgage payments contrary to debtors' chapter 13 plan.
Judge(s): 
Federman, Schermer, and Nail
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Aftandilian v. Prestige Management Group, LLC

Citation: 
Slip Copy, 2014 WL 1244789 (9th Cir.BAP (Cal.) (not appropriate for publication)
Ruling: 
The Bankruptcy Appellate Panel first found that though Creditor had taken various steps in reliance of the completed nonjudicial sale, the appeal was not moot. The BAP also concluded that the Bankruptcy Court did not err in denying the ...
Judge(s): 
Kurtz, Pappas, Tayor
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Saracino v. Northpark East Assoc. (In re Saracino)

Citation: 
Saracino v. Northpark East Assoc. (In re Saracino), BAP No. CO-13-031 (10th Cir. BAP March 14, 2014)
Ruling: 
The bankruptcy appellate panel affirmed a decision dismissing the debtor's motion for contempt, finding insufficient evidence of any willful violations of the automatic stay.
Judge(s): 
Michael, Nugent, and Somers
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Alanis v. Nelson (In Re Dynasty Development Group, LLC)

Citation: 
Alanis v. Nelson (In Re Dynasty Development Group, LLC) (9th Cir. B.A.P. March 6, 2014 | Unpublished Opinion)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("B.A.P.") affirmed the Central District of California District Court did not abuse its discretion when it granted the Plaintiff's Motion for Summary Judgment.
Judge(s): 
Pregerson, Paez and Hurwitz
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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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Eldorado Canyon Properties, LLC v. JPMorgan Chase Bank, N.A.

Citation: 
Eldorado Canyon Properties, LLC v. JPMorgan Chase Bank, N.A. Ch. 7 Case No. 13-12878-FJB, BAP No. MB 13-042 (B.A.P. 1st Cir. Feb. 25, 2014)
Ruling: 
Debtor lacked standing to pursue appeal because the there was no equity in the subject property, the Debtor's discharge was not implicated, and Debtor failed to show he was a "person aggrieved" in any cognizable way.
Judge(s): 
Kornreich, Tester, and Finkle
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In re LaMont

Citation: 
Case No 13-1187 (7th Cir. Jan. 7, 2014)
Ruling: 
The Seventh Circuit Court of Appeals affirmed the bankruptcy and district court rulings, by holding that during the redemption period, the interest of a purchaser at tax sale is a secured claim that is treatable in bankruptcy and modifiable in ...
Judge(s): 
Manion, Kanne and Sykes
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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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