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Topic: Automatic Stay

Haddad v. Randall S. Miller Associates, PC

Citation: 
14a0791n.06; Case No. 13-2492; Not recommended for full-text publication
Ruling: 
Sixth Circuit affirmed District Court's grant of a Fed. R. Civ. P. 12(b)(6) motion by mortgagee's counsel to dismiss an action filed by mortgagors against mortgagee's counsel under the Fair Debt Collection Practices Act (FDCPA). Mortgagors alleged mortgagee's counsel ...
Judge(s): 
Siler, Batchelder and Donald, Circuit Judges
Read on...

Richardson v. Koch Law Firm, P.C.

Citation: 
Richardson v. Koch Law Firm, P.C No. 12-3868
Ruling: 
Court of Appeals Holding: Since the State Court vacated the initial default judgment, justification for the District Court’s dismissal under Rooker-Feldman no longer exists. Additionally, Richardson has been entirely derelict in his own defense. He has failed on several ...
Judge(s): 
Chief Judge Wood; Judge Easterbrook; Judge Sykes
Read on...

In re Allen

Citation: 
No. 13-3543, Slip Op. (3rd Cir. September 26, 2014)
Ruling: 
Where a debtor avoids a fraudulent transfer and obtains a recovery order, it has sufficiently "recovered" those funds such that they are part of the debtor's estate under the Bankruptcy Code.
Judge(s): 
Fisher, Scirica, Cowen
Read on...

Snowden v. Check into Cash of Washington, Inc

Citation: 
Matter of Snowden, No. 13-35291 (9th Cir. Sep. 12, 2014).
Ruling: 
For an automatic stay violation, the chapter 7 debtor was entitled to receive emotional distress damages, punitive damages, and attorney fees incurred to end the violation, but not fees incurred to recover damages.
Judge(s): 
Alfred T. Goodwin, M. Margaret McKeown, and Paul J. Watford, Circuit Judges.
Read on...

USA v. Robinson, Jr. (In re Robinson, Jr.)

Citation: 
USA v. Robinson, Jr. (In re Robinson, Jr.)., 6th Cir. Court of Appeals, (No. 13-5857), August 22, 2014
Ruling: 
The 6th Circuit Court of Appeals affirmed the district court’s judgment that 18 U.S.C. § 3613 supersedes the automatic stay and allows the government to enforce restitution orders against property included in the bankruptcy estate. Based on the plain meaning ...
Judge(s): 
COLE, Chief Judge; GRIFFIN, Circuit Judge; PEARSON, District Judge.
Read on...

Cruz v. Stein Strauss Trust (In re Cruz)

Citation: 
Cruz v. Stein Strauss Trust (In re Cruz) 9th Cir. BAP Case No. CC-13-1554-KiTaD (August 29, 2014)
Ruling: 
Stein Strauss Trust #1361 (“SS Trust”) was a party-in-interest based on its pecuniary interest; therefore, it was a real party in interest. The Property was not property of the estate, but it was property of the Debtor. Therefore, ...
Judge(s): 
Honorable KIRSCHER, TAYLOR and DUNN.
Read on...

America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)

Citation: 
America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) Case No. 12-60052 (9th Cir. CA August 29, 2014)
Ruling: 
Judge Huck delivered the Opinion of the majority. Legal fees incurred defending an appeal by a creditor previously determined to have violated the automatic stay are included in § 362(k)(1)'s definition of actual damages.
Judge(s): 
J. Clifford Wallace and Ronald M. Gould, Circuit Judges, and Paul C. Huck, Senior District Judge (for the U.S. District Court for the Southern District of Florida, sitting by designation)
Read on...

Mwangi v. Wells Fargo Bank (In the Matter of Mwangi)

Citation: 
Case No. 12-16087
Ruling: 
The Ninth Circuit panel determined, as a matter of law, that Wells Fargo Bank was not liable for sanctions for intentional violation of stay for placing a "temporary administrative pledge" on four bank accounts held by Debtor. The panel determined that ...
Judge(s): 
Silverman, B.; Fletcher, W.; Bybee, J. Opinion by Judge Bybee.
Read on...

Behrens v. U.S. Bank Ntl Assoc. (In re Behrens)

Citation: 
Behrens v. U.S. Bank Ntl Assoc. (In re Behrens), 8th Circuit Court of Appeals, No. 14-1038, No. 14-1041, No. 13-2700, April 14, 2014 [Unpublished]
Ruling: 
In a series of unpublished per curiam opinions, the 8th Circuit Court of Appeals, affirmed the Bankruptcy Appellate Panel ruling upholding the Bankruptcy Court's order terminating the automatic stay under 362 (d)(4) permitting the completion of the foreclosure proceeding on ...
Judge(s): 
WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges.
Read on...

Picard v. Fairfield Greenwich; Picard v. Schneiderman

Citation: 
Picard v. Fairfield Greenwich; Picard v. Schneiderman, 13‐1289‐bk (L) 13‐1392‐cv (CON); 13‐1785, (2d Cir. August 8, 2014)
Ruling: 
The United States Court of Appeals for the Second Circuit held that the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (ʺBLMISʺ) and of the bankruptcy estate of Bernard L. Madoff (the "Madoff Trustee") was not entitled ...
Judge(s): 
SACK, CHIN, and DRONEY, Circuit Judges
Read on...
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