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)
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 8 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 (In re Behrens), 8th Circuit Court of Appeals, No. 14-1038, No. 14-1041, No. 13-2700, April 14, 2014 [Unpublished]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In a series of unpublished per curiam opinions, the 8th Circuit Court of Appeals, affirmed the Bankruptcy Appellate Panel ruling upholding the Bankruptcy Court's order terminating the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...
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...
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).
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
11 years 11 months ago
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...
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...
BAP No. CC-13-1086 (April 23, 2014) (Not for Publication)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
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...
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...
