Home » Chapter 3 » SUBCHAPTER IV » § 362

Duwaik v. JP Morgan Chase Bank, N.A.

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 6 years 5 months ago
Citation:
17-1385 (10th Circuit, Jul 12,2018) Not Published
Case Status:
Affirmed
Ruling:
The dismissal of a chapter 11 case pending appeal renders that appeal moot and the judgment below is generally vacated and the matter remanded so it can be dismissed. A subsequently filed chapter...
Judge(s):
Lucero, Hartz, McHugh (Hartz)
Tag(s):

A. Kershaw, P.C. v. Spangler

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 7 years 6 months ago
Citation:
16-1483 (10th Circuit, Jul 10,2017) Not Published
Case Status:
Affirmed
Ruling:
In determining a monetary damages award in an arbitration between two non-debtors, a court can value a capital account held by a debtor in bankruptcy since a money judgment based on that valuation...
Judge(s):
Matheson, Phillips, McHugh (Matheson)
Tag(s):

Maxwell Real Estate Investment, LLC v. Liberty Asset Management Corp. (In re Asset Management Corp.)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
CC-16-1273-FCTa (9th Circuit, Mar 21,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court denying motion for relief from stay because movants did not need relief from stay to prosecute claim in bankruptcy court. While creditor...
Judge(s):
Faris, Clement, Taylor
Tag(s):

Smith v. Capital One Bank (USA), N.A.

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 1 week ago
Citation:
16-1422 & 16-1423 (7th Circuit, Dec 22,2016) Published
Case Status:
Affirmed
Ruling:

The co-debtor stay shields a non-debtor only if the debtor is liable on a consumer debt along with the non-debtor and a consumer debt does not include a debt for which the debtor is not...

Judge(s):
Flaum, Kane, Magnus-Stinson (Flaum)
Tag(s):

Marques v. Joseph (In re Marques)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 1 week ago
Citation:
CC-16-1116-FPaKi (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:
9th Cir. BAP affirmed ruling of bankruptcy court (CD Cal.) granting relief from stay to creditor to proceed with foreclosure against chapter 7 debtor/appellant. BK court properly confirmed...
Judge(s):
Faris, Pappas, Kirscher
Tag(s):

Parkview Adventist Medical Center v. U.S.A.

Citation:
16-1731 (1st Circuit, Nov 29,2016) Published
Case Status:
Affirmed
Ruling:

Affirming the lower courts’ decisions, the First Circuit held that the termination by the Centers for Medicare & Medicaid Services (CMS) of their provider agreement with the debtor did not...

Judge(s):
Lynch, Stahl, and Barron
Tag(s):

Cottle v. AZ Corp. Commission (In re Cottle)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 2 months ago
Citation:
BAP No. AZ-16-1078-JuFL (BAP 9th Cir. Oct. 17, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP...
Judge(s):
Jury, Faris, Lafferty
Tag(s):

Kvassay v. Kvassay (In re Kvassay)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 8 years 3 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1420-KiTaKu (October 6, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling denying Peter E. Kvassay ("Debtor") motion for order to show cause why Robert V. Kvassay ("Creditor") should not be sanctioned...
Judge(s):
Honorable KIRSCHER, TAYLOR and KURTZ
Tag(s):

Failla v. Citibank, N.A. (In re Failla)

  • Summarized by David Bury , Stone & Baxter, LLP
  • 8 years 3 months ago
Citation:
Failla v. Citibank, N.A. (In re Failla), No. 15-15626 (11th Cir. Oct. 4, 2016)
Ruling:
The word "surrender" in 11 U.S.C. § 521(a)(2) requires that a debtor who designates in his schedules that he will surrender a particular property to, in fact, relinquish his right to possess that...
Judge(s):
Marcus, Pryor, and Lawson (District Court Judge)
Tag(s):

Utzman v. Suntrust Mortgage, Inc. (In re Utzman)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 5 months ago
Citation:
NC-15-1331-TAJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying motion from chapter 11 debtors for reconsideration of an order granting stay relief for cause, including...
Judge(s):
Taylor, Jury, Kirscher
Tag(s):

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