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Topic: Automatic Stay

Krueger v. Torres (In re Krueger)

Citation: 
No. 14-11355, fifth Circuit Court of Appeals
Ruling: 
Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant to 11 U.S.C. § 707(a) as his bad faith constituted “cause” for dismissal.
Judge(s): 
HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
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Reliance Steel & Aluminum Co. v. Locklin (In re Locklin)

Citation: 
9th Cir. BAP Case No. CC-15-1008-KuFKi and CC-14-1446-KuFKi (December 7, 2015)
Ruling: 
in the unpublished decision, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's award of damages for Reliance Steel & Aluminum, Co. ("Reliance") and Reliance's counsel's willful violation of the automatic stay. A stay violation is willful ...
Judge(s): 
Honorable KURTZ, FARIS and KIRSCHER.
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Eden Place, LLC v. Sholem Perl (In re Sholem Perl)

Citation: 
Eden Place, LLC v. Perl (In re Perl), No. 14-60039, --- F.3d --- (9th Cir. Jan. 8, 2016)
Ruling: 
Reversing the Bankruptcy Court, the Ninth Circuit held that an entity that had purchased the debtor's real property through a non-judicial foreclosure sale did not violate the automatic stay by evicting the debtor because the Ninth Circuit concluded that the ...
Judge(s): 
Susan P. Graber, Johnnie B. Rawlinson, and Paul J. Watford, Circuit Judges
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Lavenhar v. First American Title Insurance Co. (In re Lavenhar)

Citation: 
Lavenhar v. First American Title Insurance Co. (In re Lavenhar), Case No. 14-1391 (10th Cir. July 29, 2014). Published.
Ruling: 
A chapter 7 trustee has the sole power to bring a fraudulent conveyance action but a creditor is a party in interest entitled to object to another creditor’s claim.
Judge(s): 
Briscoe, Murphy, Gorsuch (Murphy)
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In re Martin, Sr.

Citation: 
In re Martin (6th Cir. BAP Dec. 16, 2015)
Ruling: 
Bankruptcy court did not err in granting creditor stay relief to continue litigation against the Debtor in pending state court action. Applying the factors set forth in In re Sonnax Industries, 907 F.2d 1280 (2d Cir. 1990) and In ...
Judge(s): 
Delk, Harrison and Lloyd
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Ortega v. LSREF2 Island Holdings, LTD.

Citation: 
BAP NO. PR 14-067 (1st Cir. B.A.P. December 4, 2015)
Ruling: 
The Bankruptcy Appellate Panel for the First Circuit affirmed the Bankruptcy Court's finding that it did not have jurisdiction over real property and that the automatic stay did not protect the real property when the real property was not owned ...
Judge(s): 
Feeney, Deasy, Cary
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Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez)

Citation: 
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling: 
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of discretion in the bankruptcy court's determination that plaintiff failed to state ...
Judge(s): 
Taylor, Dunn, Jury
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Dampier, Jr. v. Credit Investment, Inc., et al (in re Dampier)

Citation: 
Dampier, Jr. v. Credit Investments, Inc., et al. (In re Dampier, Jr.) Case No. CO-15-006 (BAP 10th Cir. November 5, 2015). Unpublished.
Ruling: 
Bankruptcy court has exclusive jurisdiction to determine the dischargeability of a state court judgment but the bankruptcy court and state court have concurrent jurisdiction to determine the validity and amount of a creditor’s claim. In determining whether to grant ...
Judge(s): 
Thurman, Jacobvitz, Hall (Thurman)
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Jester v. Wells Fargo Bank N.A. (In re Jester)

Citation: 
Jester, et al. v. Wells Fargo Bank N.A. (In re Jester), Case No. EO-15-002 (BAP 10th Cir. October 22, 2015). Unpublished.
Ruling: 
If a court is unable to provide debtor any relief, reopening a bankruptcy case would be futile and a court does not abuse its discretion if it refuses to reopen the case. In this case, neither the failure to ...
Judge(s): 
Thurman, Jacobvitz, Hall (Hall)
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America's Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard)

Citation: 
In re Schwartz-Tallard, No. 1260052 (9th Cir. Oct. 14, 2015).
Ruling: 
A debtor may recover all attorney fees incurred in prosecuting an action for damages under § 362, not just those incurred until the stay violation ceases.
Judge(s): 
Sidney R. Thomas, Chief Judge, Stephen Reinhardt, Diarmuid F. O’Scannlain, M. Margaret McKeown, William A. Fletcher, Richard C. Tallman, Carlos T. Bea, Milan D. Smith, Jr., Sandra S. Ikuta, Paul J. Watford, and Andrew D. Hurwitz, Circuit Judges. Opinion by Judge Watford; concurrence by Judge Bea; dissent by Judge Ikuta.
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