Sinclair v. Bank of America, N.A. (In re Sinclair)

• Summarized by Janel Glynn , The Burgess Law Group
• 9 years 10 months ago

Citation:

Opinion not published.

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") determined that proceedings to annul the automatic stay after the underlying bankruptcy case is dismissed fall within the ambit of...

Judge(s):

TAYLOR, PAPPAS, and MARKELL.

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• § 362

The Majestic Star Casino, LLC v. Barden Development, Inc. (In re The Majestic Star Casino, LLC)

• Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
• 9 years 10 months ago

Citation:

Nos. 12-3200/3201 (3d Cir., May 21, 2013)

Ruling:

Debtor lacked standing to challenge non-debtor parent/shareholder's revocation of election of S Corp status. Rejecting cases from other circuits, the Third Circuit found that S Corp status is not...

Judge(s):

Ambro, Jordan, and Vanaskie

Tag(s):

• 3rd Circuit
• Bankruptcy Taxation
• Automatic Stay
• Bankruptcy Litigation
• Corporate Governance
• Practice and Procedure
• § 362
• § 549

Weber v. SEFCU (In re Weber)

• Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
• 9 years 10 months ago

Citation:

Docket No. 12-1632-bk (2nd Cir. May 8, 2013)

Ruling:

AFFIRMED District Court and held that failing to deliver repossessed vehicle to the debtor promptly after receiving notice of pending petition constituted willful violation of the automatic stay...

Judge(s):

Circuit Judges Cabranes, Raggi, and Carney (Decision by Susan L. Carney).

Tag(s):

• 2nd Circuit
• Consumer Bankruptcy
• Automatic Stay
• § 541
• § 362
• § 542

Singh v. Cusick (In re Singh)

• Summarized by Holly Roark , Roark Law Offices
• 9 years 11 months ago

Citation:

BAP No. EC-11-1700-DJuMk, Adv. No. 11-02118-RHS, BK. No. 10-28544-RHS

Ruling:

Debtor has no standing to claim wife's interest in tax refund where he specifically denied that he had any interest in the tax refund, did not schedule or exempt the funds, and the wife had not...

Judge(s):

Ronald H. Sargis

Tag(s):

• 9th Circuit
• Personal Bankruptcy Topics
• § 362

Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.)

• Summarized by Cassandra Porter , Cognizant Technology Solutions
• 9 years 11 months ago

Citation:

11-4376

Ruling:

Second circuit upheld decisions of bankruptcy court and district court recognizing that Fairfield Sentry Limited ("Sentry") had its center of main intest ("COMI") in the British Virgin Islands...

Judge(s):

Jacobs, Chief Judge; Winter, Circuit Judge; Swain District Judge

Tag(s):

• 2nd Circuit
• Automatic Stay
• International Insolvency
• § 1502
• § 362
• § 1517
• § 1520
• § 1508
• § 1521

Arroyo v. Scotiabank de Puerto Rico (In re Arroyo)

• Summarized by William Amann , Amann Burnett, PLLC
• 9 years 12 months ago

Citation:

BAP No. PR 12-045

Ruling:

Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the...

Judge(s):

Haines, Feeney and Hoffman

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Automatic Stay
• Mortgage
• Bankruptcy Litigation
• Venue/Jurisdiction
• Rule 8001
• § 362
• § 727

Cook v. Wells Fargo Bank, N.A. (In re Cook)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 9 years 12 months ago

Citation:

Cook v. Wells Fargo Bank, N.A., et al., Case No. 12-2100 (10th Cir. April 2, 2013) (unpublished)

Ruling:

Failure to follow the procedural requirements of § 554 and Rule 6007 renders abandonment ineffective resulting in Appellant lack of standing to pursue sanctions motion and § 102(1) is not...

Judge(s):

Lucero, Porfilio, Matheson

Tag(s):

• 10th Circuit
• Practice and Procedure
• Rule 6007
• § 102
• § 362

North American Banking Co. v. Leonard (In re WEB2B Payment Solutions, Inc.)

• Summarized by Brendan Gage , Goulston & Storrs PC
• 10 years 4 days ago

Citation:

No. 12-6047 (B.A.P. 8th Cir. Mar. 25, 2013)

Ruling:

Affirming the bankruptcy court (the “BC”), the Bankruptcy Appellate Panel (the “BAP”) for the Eighth Circuit held that a creditor loses its possessory lien in deposit accounts when it...

Judge(s):

Federman, Chief Judge, Schermer, and Nail, bankruptcy judges.

Tag(s):

• 8th Circuit
• Finance and Banking
• Practice and Procedure
• Uniform Commercial Code/Article 9
• § 362
• § 542

In re Creekside Senior Apartments, L.P.

• Summarized by Brian Meldrum , Kaplan Johnson Abate & Bird
• 10 years 4 days ago

Citation:

No. 13b0001p.06, 2013 FED App.0001P (B.A.P. 6th Cir. Mar 15 2013)

Ruling:

Bankruptcy Court did not abuse its discretion in dismissing Chapter 11 cases for "cause" pursuant to Section 1112(b) where it projected negative net cash flow through 2020, ceased making adequate...

Judge(s):

Harris, Humphrey, Preston

Tag(s):

• 6th Circuit
• Automatic Stay
• Claims
• Plan Confirmation
• Real Estate
• § 362
• § 1112

In re Dyer

• Summarized by Laura Bartell , Wayne State University Law School
• 10 years 2 weeks ago

Citation:

No. 12-8030 (6th Cir. BAP March 14, 2013)

Ruling:

The Sixth Circuit Bankruptcy Appellate Panel vacated order of bankruptcy court for the S.D. Ohio denying confirmation of debtors' chapter 13 plan, dismissing debtors' bankruptcy case and ordering...

Judge(s):

Emerson, Harris and Lloyd

Tag(s):

• 6th Circuit
• Personal Bankruptcy Topics
• § 362
• § 1325
• § 329

Pages

• …
• 4
• 5
• 6
• 7
• 8
• 9
• 10
• 11
• 12
• …
• previous
• next