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Topic: Automatic Stay

Monge v. Rojas (In the Matter of Monge)

Citation: 
Monge v. Rojas (In the Matter of Monge), No. 15-50180, (5th Cir. June 14, 2016)
Ruling: 
The district court did not err by overruling unopposed objections to the bankruptcy court's proposed findings of fact and conclusion of law; the district court properly considered the merits of the objections and rejected them.
Judge(s): 
Smith, Barksdale, Costa
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Wilson v. Desert Realty, Inc., et al. (In re Wilson)

Citation: 
BAP No. NV-14-1589-DFB (BAP 10th Cir. May 31, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing debtor's adversary proceeding alleging that defendants intentionally violated the automatic stay. BAP agreed with bankruptcy court that debtor never satisfied elements of 362(l)(1), ...
Judge(s): 
Dunn, Faris Barash
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Castaic Partners II, LLC v. Daca Castaic, LLC (In the Matter of Castaic Partners II, LLC)

Citation: 
Case No. 14-55281
Ruling: 
The appeal was deemed constitutionally moot because the appellate court found that it cannot render relief in the event that it decides the matter in the appellant's favor. The court found that because the bankruptcy case was dismissed and ...
Judge(s): 
Circuit Judges Milan Smith, Jr. and Jacqueline H. Nguyen and District Court Judge Claudia Wilken (sitting by designation).
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Emmert, et al. v. Taggart (In re Taggart)

Citation: 
BAP No. OR-15-1119-JuKiF & BAP No. OR-15-1158-JuKiF (BAP 9th Cir. Apr. 12, 2016)
Ruling: 
The BAP for the 9th Circuit reversed the ruling of the bankruptcy court (D. Or.) finding appellants in contempt for violating debtor's discharge injunction, finding the bankruptcy court erred by applying an incorrect legal standard. The BAP ruled that bankruptcy ...
Judge(s): 
Jury, Kirscher, Faris
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World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al.)

Citation: 
World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al), Case No. 15-1498 (3d Cir. Apr. 20, 2016) (precedential)
Ruling: 
Contractual agreement between common carrier and its customer to transfer an unwaived maritime lien in delivered goods to goods currently held by common carrier was enforceable. Current shipment of goods may be held to secure the payment of prior shipments. ...
Judge(s): 
McKee, Chief Judge; Jordan (author) and Vanaskie, Circuit Judges
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In re Jepson

Citation: 
In re Jepson, No. 14-2459 (7th Cir. April 15, 2016) (unpublished).
Ruling: 
A motion to stay this court’s mandate pending final disposition of the litigation in the Supreme Court was denied because the movant intended to raise an issue of constitutional standing in her petition for certiorari, where prudential standing formed the ...
Judge(s): 
Ripple
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Ozenne v. Chase Manhattan Bank, et al. (In re Ozenne)

Citation: 
No. 11-60039 (9th Cir. March 25, 2016) (Published)
Ruling: 
The 9th Circuit vacated the BAP's denial of a petition for a writ of mandamus, holding the BAP did not have jurisdiction to consider the writ petition, reversing In re Salter, 279 B.R. 278 (B.A.P. 9th Cir. 2002). The 9th Circuit ...
Judge(s): 
Wallace, Leavy, Bybee
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Wilson v. Desert Realty, Inc. (In re Lindsey)

Citation: 
BAP Nos. NV-14-1583-KiDJu & NV-15-1071-KiDJu (BAP 9th Cir. Mar. 21, 2016)
Ruling: 
BAP for 9th Circuit reversed and remanded two orders of the bankruptcy court (D. Nev.) (a) dismissing debtor's complaint against a landlord for alleged violation of the codebtor stay under s 1301 and (b) awarding landlord its attorney's fees and ...
Judge(s): 
Kirscher, Dunn, Jury
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Jepson v. Bank of New York Mellon (In re Jepson)

Citation: 
Jepson v. Bank of New York Mellon (In re Jepson), Case No. 14-2459 (7th Cir. Mar. 22, 2016)
Ruling: 
The Court of Appeals ruled that, under New York law, a debtor-homeowner, does not have standing to challenge the assignment of a note / mortgage based upon the lender's alleged failure to comply with the terms of a pooling and ...
Judge(s): 
Posner, Ripple, and Hamilton
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Park v. Laski (In re Holy Hill Community Church)

Citation: 
BAP No. CC-15-1270-TaKuF (BAP 9th Cir. Mar. 7, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed in part, and reversed and remanded in part, the ruling of the bankruptcy court (C.D. Cal.), affirming the bankruptcy court's finding of a willful violation of the automatic stay, and affirming the bankruptcy ...
Judge(s): 
Taylor, Kurtz, Faris
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