Thank you!

The ABI hopes that you have enjoyed using Volo and that it is beneficial to your practice. Beginning on April 23rd, 2014 the full Volo summaries, opinions and notifications will be available only for ABI members. If you are an ABI member you will simply need to log in to the Volo site with your ABI username and password in order to access Volo's full range of services. If you are not an member, you will still be able to search the site, but you will no longer receive full text of the summaries, opinions or valuable notifications. Becoming an ABI member is simple and inexpensive. Sign up for a free 30-day test drive membership, which will give you access to all of ABI's online research products, including ABI's invaluable search tool search.abi.org, the ABI Journal and MORE!! You can sign up for a trial membership here.

Topic: Automatic Stay

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 (In re Behrens), 8th Circuit Court of Appeals, No. 14-1038, No. 14-1041, No. 13-2700, April 14, 2014 [Unpublished]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In a series of unpublished per curiam opinions, the 8th Circuit Court of Appeals, affirmed the Bankruptcy Appellate Panel ruling upholding the Bankruptcy Court's order terminating the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...

Yellow Express, LLC v. Dingley (In re Dingley)

Citation: 
BAP No. NV-13-1261-KiJuTa (B.A.P. 9th Cir. Aug. 6, 2014)
Ruling: 
REVERSING the bankruptcy court's order awarding sanctions, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court erred when it (a) found that appellants had willfully violated the automatic stay and (b) awarded sanctions. Applying Ninth ...
Judge(s): 
KIRSCHER, JURY and TAYLOR
Read on...

Korchinsky v. Skyline Vista Equities, LLC (In re Manasaryan)

Citation: 
Korchinsky v. Skyline Vista Equities, LLC (In re Manasaryan), No. CC-13-1303-DKiTa (July 23, 2014)
Ruling: 
The bankruptcy court properly granted in rem and retroactive stay relief in a chapter 13 case. (Not-for-publication memorandum.)
Judge(s): 
Randall L. Dunn, Ralph B. Kirscher, and Laura S. Taylor, Bankruptcy Judges
Read on...

Flying Pigs, Inc v. RRAJ Franchising, LLC

Citation: 
Flying Pigs, LLC v. RRAJ Franchising, LLC., 4th Cir. No.: 13-2135 (July 01, 2014), 2014 U.S. App. LEXIS 12404
Ruling: 
Vacated and remanded, via published opinion on July 01, 2014, to the Superior Court of Lenior County, North Carolina.
Judge(s): 
Judge Robert B. King, Judge Roger L. Gregory, and Judge Stephanie D. Thacker. Opinion by Judge King, in which Judge Gregory and Judge Thacker joined.
Read on...

Pettry v. Patriot Coal Corp. (In re Patriot Coal Corp.)

Citation: 
No. 14-6005 (8th Cir. B.A.P. June 5, 2014)
Ruling: 
The B.A.P. affirmed the bankruptcy court’s denial of claimant’s motion for reconsideration of an order sustaining debtor’s omnibus objection to claims.
Judge(s): 
Kressel, Saladino, and Shodeen.
Read on...

Crouser v. BAC Home Loans Servicing, LP

Citation: 
Crouser v. BAC Home Loans Servicing, LP (In re Crouser), Case No. 13-14304 (11th Cir. June 6, 2014) (unpublished) (per curiam).
Ruling: 
The Eleventh Circuit held that settlement proceeds derived from the post-confirmation settlement of claims against the debtor's mortgagor for violation of the automatic stay were property of his chapter 13 estate under Section 1306(a)(1) of the Bankruptcy Code.
Judge(s): 
Wilson, Pryor and Anderson, Circuit Judges.
Read on...

Branch Banking & Trust Co. v. Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc)

Citation: 
Branch Bank. & Trust Co. v. Constr. Super. Servs., Inc., Case No 13-1560 (4th Cir. May 22, 2014)
Ruling: 
Unperfected subcontractors lien is an interest in property as of the petition date for section 362(b)(3) and 546(b) purposes despite not having served notice of (i.e. perfected) such lien under state law pre-petiton. Subcontractors qualified under section 362(b)(3) exception ...
Judge(s): 
King, Shedd, and Wynn
Read on...

Lodge v. Kondaur Capital Corporation

Citation: 
13-10919; D.C. Docket No. 1:10-cv-00736-WCO (May 8, 2014)
Ruling: 
The Court of Appeals for the 11th Circuit affirmed the district court's orders granting summary judgment in favor of Defendants. The Circuit Court held that emotional distress damages fall within the broad term of "actual damages" in § 362(k) ...
Judge(s): 
Hull, Black and Walter
Read on...
Syndicate content