Home » Chapter 3 » SUBCHAPTER IV » § 362

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

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 8 years 7 months ago
Citation:
America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) Case No. 12-60052 (9th Cir. CA August 29, 2014)
Ruling:
Judge Huck delivered the Opinion of the majority. Legal fees incurred defending an appeal by a creditor previously determined to have violated the automatic stay are included in § 362(k)(1)'s...
Judge(s):
J. Clifford Wallace and Ronald M. Gould, Circuit Judges, and Paul C. Huck, Senior District Judge (for the U.S. District Court for the Southern District of Florida, sitting by designation)
Tag(s):

Behrens v. U.S. Bank Ntl Assoc. (In re Behrens)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 8 years 7 months ago
Citation:
Behrens v. U.S. Bank Ntl Assoc. (In re Behrens), 8th Circuit Court of Appeals, No. 14-1038, No. 14-1041, No. 13-2700, April 14, 2014 [Unpublished]
Ruling:
In a series of unpublished per curiam opinions, the 8th Circuit Court of Appeals, affirmed the Bankruptcy Appellate Panel ruling upholding the Bankruptcy Court's order terminating the automatic...
Judge(s):
WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges.
Tag(s):

Yellow Express, LLC v. Dingley (In re Dingley)

Citation:
BAP No. NV-13-1261-KiJuTa (B.A.P. 9th Cir. Aug. 6, 2014)
Ruling:
REVERSING the bankruptcy court's order awarding sanctions, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court erred when it (a) found that appellants had willfully...
Judge(s):
KIRSCHER, JURY and TAYLOR
Tag(s):

Thomas v. Federal National Mortgage (In re Thomas)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 8 months ago
Citation:
Thomas v. Fed. Nat’l Mortgage Ass’n, Case No. 13-6281 (10th Cir. July 29, 2014)
Ruling:
Holder of promissory note made a sufficient showing that it had possession of the original note to confer standing to seek an order under 11 U.S.C. § 362(j).
Judge(s):
Matheson, Ebel, Philips
Tag(s):

Flying Pigs, Inc v. RRAJ Franchising, LLC

Citation:
Flying Pigs, LLC v. RRAJ Franchising, LLC., 4th Cir. No.: 13-2135 (July 01, 2014), 2014 U.S. App. LEXIS 12404
Ruling:
Vacated and remanded, via published opinion on July 01, 2014, to the Superior Court of Lenior County, North Carolina.
Judge(s):
Judge Robert B. King, Judge Roger L. Gregory, and Judge Stephanie D. Thacker. Opinion by Judge King, in which Judge Gregory and Judge Thacker joined.
Tag(s):

Branch Banking & Trust Co. v. Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc)

Citation:
Branch Bank. & Trust Co. v. Constr. Super. Servs., Inc., Case No 13-1560 (4th Cir. May 22, 2014)
Ruling:
Unperfected subcontractors lien is an interest in property as of the petition date for section 362(b)(3) and 546(b) purposes despite not having served notice of (i.e. perfected) such lien under...
Judge(s):
King, Shedd, and Wynn
Tag(s):

Lodge v. Kondaur Capital Corporation

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 8 years 10 months ago
Citation:
13-10919; D.C. Docket No. 1:10-cv-00736-WCO (May 8, 2014)
Ruling:
The Court of Appeals for the 11th Circuit affirmed the district court's orders granting summary judgment in favor of Defendants. The Circuit Court held that emotional distress damages fall...
Judge(s):
Hull, Black and Walter
Tag(s):

Lira v. Bayview Loan Servicing, LLC (In re Lira)

  • Summarized by Shara Cornell , McDonald Hopkins LLC
  • 8 years 11 months ago
Citation:
BAP No. CC-13-1086 (April 23, 2014) (Not for Publication)
Ruling:
A party cannot assert improper service as a defense on appeal if it was never raised before the bankruptcy court. Further, a bankruptcy court is not required to hold a hearing if the notice period...
Judge(s):
Honorable Deborah J. Saltzman Presiding; Before Dunn, Pappas and Kirscher, Bankruptcy Judges
Tag(s):

C.W. Mining Co. v. Bank of Utah

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 8 years 11 months ago
Citation:
No. 12–4174 (10th Cir. Apr. 15, 2014)
Ruling:
Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a...
Judge(s):
Mkovich, Brorby, and Murphy, Circuit Judges.
Tag(s):

Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).

Citation:
Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).
Ruling:
Appellate Panel of 10th Circuit holds that secured creditor is "adequately protected" under Section 363(e) when the value of property securing creditor's claim exceeds the creditor's claim by a...
Judge(s):
Judge Michael, Judge Jacobvitz, and Judge Marker
Tag(s):

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