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Ackerman v. Eber (In re Eber)

  • Summarized by Jamie Edmonson , Robinson & Cole LLP
  • 13 years 8 months ago
Citation:
--- F.3d ----, 2012 WL 2690744 (9th Cir., July 9, 2012)
Ruling:
AFFIRMING the United States District Court for the Central District of Calfiornia, the Court of Appeals held that district court did not abuse its discretion by refusing to compel arbitration,...
Judge(s):
KLEINFELD AND SMITH (Circuit Judges) and MARBLEY (District Judge, sitting by designation)
Tag(s):

Dominic's Restaurant of Dayton, Inc. v. Mantia

Citation:
Nos. 10-3376/3377, 2012 U.S. App. LEXIS 13665 (6th Cir. July 5, 2012)
Ruling:
The decision of the district court was affirmed. A defendant's bankruptcy filing did not stay the district court from ruling on a contempt motion for violation of a temporary restraining order...
Judge(s):
Batchelder, McKeague, and Quist
Tag(s):

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

  • Summarized by Lovee Sarenas , Sklar Hirsh
  • 13 years 8 months ago
Citation:
None as of yet.
Ruling:
In REVERSING in part and AFFIRMING in part, a bankruptcy court's decision denying fees, the Bankruptcy Appellate Panel for the Ninth Circuit held that a debtor is entitled to attorney's fees as...
Judge(s):
Bankruptcy Appellate Panel Judges PAPPAS, DUNN and KRISCHER.
Tag(s):

Samson v. Western Capital Partners, LLC (In re Blixseth)

Citation:
No. 11-60042 BAP No. 10-1334 (9th Cir. June 21, 2012)
Ruling:
Termination of the automatic stay under Section 362(h) applies to all the debtor's personal property securing a creditor's claim, rather than just the personal property scheduled as securing that...
Judge(s):
Ronald M. Gould, Jay S. Bybee, and Carlos T. Bea.
Tag(s):

Kline v. Deutsche Bank National Trust Co. (In re Kline)

  • Summarized by David Little , Miller & Law, P.C
  • 13 years 9 months ago
Citation:
BAP No. NM-11-088 (B.A.P. 10th Cir. June 1, 2012)
Ruling:
AFFIRMING the Bankruptcy Court, a three judge panel of the 10th Circuit BAP held that (1) a foreclosing creditor did not willfully violate the automatic stay by serving an amended foreclosure...
Judge(s):
Brown, Rasure, Romero
Tag(s):

White v. Commercial Bank and Trust Co. (In re White)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 13 years 9 months ago
Citation:
Case Nos. 11-6032 & 11-6033 (B.A.P. 8th Cir. Nov. 16, 2011)
Ruling:
REVERSING the bankruptcy court's order denying the debtors' motion to avoid Commercial Bank's judicial lien, the Eighth Circuit BAP held that because both debtors' property would be exempt under...
Judge(s):
Kressel, Schermer and Saladino, Bankruptcy Judges
Tag(s):

In re Stone Resources, Inc.

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 13 years 9 months ago
Citation:
In re Stone Resources, Inc., No. 11-2888 (3d Cir. May 29, 2012) (not precedential)
Ruling:
A District Court must review a Bankruptcy Court decision denying relief from the automatic stay under an abuse of discretion standard and cannot engage in its own fact finding when engaging in such...
Judge(s):
Greenway, Jr.; Roth; and Tashima, Circuit Judges
Tag(s):

Brown Commercial Construction Co. v. Corbin Park, L.P. (In re Corbin Park, L.P.)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 13 years 9 months ago
Citation:
Case No. KS-10-084 (B.A.P. 10th Cir. May 7, 2012)
Ruling:
The Bankruptcy Appellate Panel ("BAP") for the Tenth Circuit AFFIRMED the bankruptcy court's order ruling that a lender's mortgage interest in property has priority over mechanics' lien claims. ...
Judge(s):
Cornish, Michael, and Thurman
Tag(s):

First Yorkshire Holdings, Inc. v. Pacifica L 22, LLC (In re First Yorkshire Holdings, Inc.)

  • Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
  • 13 years 10 months ago
Citation:
BAP No. CC-11-1144-KiMkH (9th Cir. May 10, 2012)
Ruling:
Vacated and remanded the bankruptcy court's order granting a Stay Relief Order under § 362(d)(2) and granting relief under § 362(d)(4). Finding the bankruptcy court abused its discretion by...
Judge(s):
KIRSCHER, MARKELL, and HOLLOWELL
Tag(s):

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