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Topic: Automatic Stay

Flanders v. Lawrence (In re Flanders)

Citation: 
Flanders v. Lawrence, et al. (In re Flanders), Case No. CO-14-055 (10th Cir. BAP August 5, 2015). Unpublished.
Ruling: 
While the Rooker-Feldman doctrine did not prevent the bankruptcy court from exercising jurisdiction over debtor’s claim against the defendants’ for violation of the discharge injunction since it is an independent cause of action, the principles of issue preclusion did since ...
Judge(s): 
Michael, Karlin, Hall (Michael)
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Domum Locis, Inc. v. LLoyds TSB Bank PLC (In re Domum Locis, Inc.)

Citation: 
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP Nos. CC-14-1571 and CC-14-1572
Ruling: 
Transfer of title to property in violation of order appointing a receiver is not void and title to the property becomes property of the transferee's bankruptcy estate.
Judge(s): 
Dunn, Kirscher and Brandt
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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