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Home » Chapter 3 » SUBCHAPTER IV » § 362

Lee v. Anasti (In re Lee)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 14 years 2 months ago
Citation:
No. 10-1772; No. 10-1774 (4th Cir. Jan. 6, 2012) (Unpublished)
Ruling:
The bankruptcy court and district court properly applied the relevant Robbins factors and provided a reasoned basis for finding that each factor had been met, and therefore did not abuse its...
Judge(s):
Shedd and Duncan, Circuit Judges, and Osteen (M.D.N.C.) sitting by designation.
Tag(s):

State of New Hampshire v. McGrahan (In re McGrahan)

  • Summarized by Bodie Colwell , Preti Flaherty LLP
  • 14 years 2 months ago
Citation:
In re McGrahan, No. 09-13578 (B.A.P. 1st Cir. Dec. 7, 2011)
Ruling:
The B.A.P. concluded the bankruptcy court erred as a matter of law for two reasons. First, the bankruptcy court erroneously ruled that because the Second Modified Plan no longer contained a...
Judge(s):
Feeney, Tester, and Hoffman
Tag(s):

Michalski v. Coulson (In re Michalski)

  • Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
  • 14 years 2 months ago
Citation:
No. 10-3654; 11-0872 (6th Cir., December 21, 2011)
Ruling:
In affirrming the lower courts' rulings, the Sixth Circuit first observed that courts are divided over whether the exception to the automatic stay of Section 362(b)(1) is absolute, or dependent on...
Judge(s):
Guy, Kethledge, White
Tag(s):

Ebell Media, Inc. v. Reaty Corp. (In re Ebell Media, Inc.)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 14 years 2 months ago
Citation:
In re Ebell Media, Inc., No. 10-55654 (9th Cir. Dec. 19, 2011)
Ruling:
In this not-for-publication memorandum, the Ninth Circuit affirmed a bankruptcy court’s grant of stay relief—based on the corporate debtor having commenced its chapter 7 case in bad faith—to...
Judge(s):
W. Fletcher and Rawlinson, Circuit Judges, and Singleton, Senior District Judge, District of Alaska, sitting by designation
Tag(s):

Soto-Rios v. Banco Popular de Puerto Rico

  • Summarized by Lynne Xerras , Holland & Knight LLP
  • 14 years 3 months ago
Citation:
Luis A. Soto-Rios and Brenda Tosada-Arbelo v. Banco Popular De Puerto Rico, United States Court of Appeals for the First Circuit, Appeal No. 10-227 (unpublished)
Ruling:
The United States Court of Appeals, First Circuit (J. Howard) ("First Circuit") found that a mortgagee and purported secured creditor held an "interest in property" as that term is used in both 11...
Judge(s):
Judges Lipez, Ripple and Howard, Circuit Judges.
Tag(s):

TW Telecom Holdings Inc. v. Carolina Internet Ltd.

  • Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
  • 14 years 4 months ago
Citation:
11-1068 (D.C. No. 1:10-01799-ZLW-MJW)
Ruling:
The automatic stay applies to all appeals of civil cases that were originally brought against the debtor, including appeals in which the debtor is the appellant. The Tenth Circuit Court of Appeals...
Judge(s):
Kelly, Gorsuch and Matheson
Tag(s):

Donarumo v. Furlong (In re Furlong)

  • Summarized by Guy Moss ,
  • 14 years 4 months ago
Citation:
United States Court of Appeals for the First Circuit, Nos. 11-1364, 11-1386, November 1, 2011
Ruling:
The Court ruled that related, multi-count causes of action are deemed effectively abandoned under Bankruptcy Code section 554(c) by virtue of being "scheduled" and not administered by the close of...
Judge(s):
Lynch, Boudin and Stahl
Tag(s):

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