The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

Topic: Automatic Stay

Partida v. U.S., Dept. of Justice (In re Partida)

Citation: 
9th Cir. BAP No. NV-14-1482-JuKuPa (May 27, 2015)
Ruling: 
Mandatory Victims Restitution Act (MVRA) overrides the operation of the automatic stay. MVRA provides that "[n]otwithstanding any other Federal law, ... [the United States may enforce a judgment imposing criminal fines] ...against all property or rights to property of the ...
Judge(s): 
JURY, KURTZ, and PAPPAS, Bankruptcy Judges.
Read on...

Rael v. Wells Fargo Bank (In re Rael)

Citation: 
Rael v. Wells Fargo Bank (In re Rael), BAP No. WY-14-035 (10th Cir. BAP February 27, 2015)
Ruling: 
Creditor did not violate the stay or the terms of the individual debtors' confirmed chapter 11 plan when it sought to enforce its preserved lien rights in state court rather than returning to the bankruptcy court.
Judge(s): 
Karlin, Somers, and Jacobvitz
Read on...

Baxter v. Sarmadi

Citation: 
File name 15a0295n.06; Docket No. 14-5633
Ruling: 
Affirming the Bankruptcy Appellate Panel (BAP), the Court of Appeals held that the automatic stay was properly annulled based on the debtor's lack of good faith and failure to adequately protect the creditor's interest. Accordingly, the post-petition foreclosure sale ...
Judge(s): 
Siler, Moore and Stranch; opinion by Stranch
Read on...

Valone v. Waage (In re Valone)

Citation: 
14-11457; D.C. Docket No. 2:13-cv-00171-SPC, Bkcy No. 9:12-bkc-02265-FMD
Ruling: 
The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's wildcard exemption to that debtor or those debtors. ...
Judge(s): 
Wilson, Fay, and Ripple, Circuit Judges
Read on...

APJL Consulting, LLC v. Treasures, Inc. (in re Treasures, Inc.)

Citation: 
Nos. SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished
Ruling: 
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full disclosure, APJL could not have relied on the order authorizing its employment regarding ...
Judge(s): 
JURY, KIRSCHER, and KURTZ, Bankruptcy Judges.
Read on...

Lei v. Yan (In re Yan)

Citation: 
Lei v. Yan (In re Yan), 9th Cir. B.A.P (NC-14-1266-JuTaPa), February 26, 2015 [Not for Publication]
Ruling: 
In an unpublished opinion the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court’s denial of creditor motion seeking damages for violations of the automatic stay under § 362(k)(1). The court held that the creditor did not ...
Judge(s): 
JURY, TAYLOR, and PAPPAS, Bankruptcy Judges.
Read on...

Chesley v. RWW Properties, LLC (In re Chesley)

Citation: 
Chesley v. RWW Properties, LLC (In re Chesley), BAP No. NC-14-1070-JuTaPa (B.A.P. 9th Cir. Feb. 26, 2015) (NOT FOR PUBLICATION)
Ruling: 
AFFIRMING the bankruptcy court's order denying debtor's motion for reconsideration, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not abuse its discretion by (a) granting purchaser's motion to annul the automatic stay and (b) ...
Judge(s): 
JURY, TAYLOR, and PAPPAS
Read on...

Sazegar v. Jadidolahi (In re Sazegar)

Citation: 
CC-14-1188-TaDPa (9th Cir. BAP February 19, 2015)
Ruling: 
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court. Rule 7004(b)(9) Fed.R.Bankr.P. provides that service of a motion for stay relief is to be made on the debtor at the address listed ...
Judge(s): 
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
Read on...

Mercado v, Combined Investments, LLC

Citation: 
BAP No. MB 14-030
Ruling: 
AFFIRMED. The Debtor did not provide evidence demonstrating her ability to reorganize within a reasonable time and failed to satisfy her burden under § 362(d)(2)(B). A debtor’s burden under this prong of § 362(d)(2)(B) cannot be fulfilled by ...
Judge(s): 
Deasy, Kornreich and Finkle
Read on...

Angio Dynamics, Inc. v. Biolitec, Inc.

Citation: 
Docket No. 12-4364-cv (2nd Cir. January 9, 2015)
Ruling: 
Non-party parent of debtor in appellate litigation was not permitted to be substituted for its subsidiary that settled underlying litigation (through its bankruptcy trustee) and dismissed appeal, since Federal Rule of Appellate Procedure 43(b) applies only when a party is ...
Judge(s): 
Cabranes, Hall, Chin, Circuit Judges
Read on...
Syndicate content