Home » Chapter 3 » SUBCHAPTER IV » § 362

Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 4 months ago
Citation:
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of...
Judge(s):
Taylor, Dunn, Jury
Tag(s):

Jester v. Wells Fargo Bank N.A. (In re Jester)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 7 years 5 months ago
Citation:
Jester, et al. v. Wells Fargo Bank N.A. (In re Jester), Case No. EO-15-002 (BAP 10th Cir. October 22, 2015). Unpublished.
Ruling:
If a court is unable to provide debtor any relief, reopening a bankruptcy case would be futile and a court does not abuse its discretion if it refuses to reopen the case. In this case, neither the...
Judge(s):
Thurman, Jacobvitz, Hall (Hall)
Tag(s):

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

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 7 years 5 months ago
Citation:
In re Schwartz-Tallard, No. 1260052 (9th Cir. Oct. 14, 2015).
Ruling:
A debtor may recover all attorney fees incurred in prosecuting an action for damages under § 362, not just those incurred until the stay violation ceases.
Judge(s):
Sidney R. Thomas, Chief Judge, Stephen Reinhardt, Diarmuid F. O’Scannlain, M. Margaret McKeown, William A. Fletcher, Richard C. Tallman, Carlos T. Bea, Milan D. Smith, Jr., Sandra S. Ikuta, Paul J. Watford, and Andrew D. Hurwitz, Circuit Judges. Opinion by Judge Watford; concurrence by Judge Bea; dissent by Judge Ikuta.
Tag(s):

Biltmore Investments, LTD v. TD Bank, N.A.

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 7 years 5 months ago
Citation:
Biltmore Investments, LTD v. TD Bank, N.A., Case No. 15-1076 (4th Cir. Oct. 1, 2015) (unpublished) (per curiam).
Ruling:
The court of appeals held the automatic stay expired upon confirmation of a Chapter 11 plan of reorganization. The district court erred in extending the automatic stay stay to enjoin a bank from...
Judge(s):
Before Circuit Judges Paul V. Niemeyer,Robert B. King, and Roger L. Gregory.
Tag(s):

Lira v. Wells Fargo Bank (In re Lira)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 7 years 7 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1338-DKiBr (August 4, 2015) - Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling. The bankruptcy court correctly determined that Wells Fargo, N.A. had standing and at least a colorable claim to foreclose on...
Judge(s):
Honorable DUNN, KIRSCHER and BRANDT,3 Bankruptcy Judges.
Tag(s):

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...
Judge(s):
JURY, KURTZ, and PAPPAS, Bankruptcy Judges.
Tag(s):

Rael v. Wells Fargo Bank (In re Rael)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 7 years 10 months ago
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...
Judge(s):
Karlin, Somers, and Jacobvitz
Tag(s):

Baxter v. Sarmadi

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 7 years 11 months ago
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...
Judge(s):
Siler, Moore and Stranch; opinion by Stranch
Tag(s):

Rivera v. Bank of America

Citation:
Case No. 14-40837. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 74.5.4.
Ruling:
Affirmed district court's summary judgment in favor of mortgage lender. Four-year statute of limitations to foreclose on residential real property after first accelerating the note did not bar the...
Judge(s):
Per Curiam (Prado, Owen, Graves)
Tag(s):

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