Home » Chapter 3 » SUBCHAPTER IV » § 362

Rajala v. Gardner

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 2 weeks ago
Citation:
Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)
Ruling:
The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who...
Judge(s):
Kelly, Murphy, and Tymkovich
Tag(s):

Jean v. SunTrust Bank (In re Jean)

  • Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
  • 10 years 1 month ago
Citation:
In re Jean (Jean v. SunTrust Bank), Case No. 12-13333 (11th Cir. February 13, 2013) (unpublished) (per curiam).
Ruling:
Whether the automatic stay comes into effect upon the filing of a bankruptcy petition does not hinge on whether two cases have been filed within the year, but rather, whether two cases have been...
Judge(s):
Tjoflat, Hull and Marcus
Tag(s):

State Bank of Florence v. Miller (In re Miller)

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 10 years 1 month ago
Citation:
File name: 13a0134n.06; Case No. 11-2357
Ruling:
Unpublished opinion affirming the Sixth Circuit BAP, which affirmed bankruptcy court rulings denying bank's motion for relief from the automatic stay and its objection to confirmation of the...
Judge(s):
Cook, Stranch and Stamp (Dist. Judge, N.D. WV); opinion by Stranch
Tag(s):

Timco, LLC v. T and M Sales Agency, Inc. (In re Timco, LLC)

  • Summarized by James Bailey , Butler Snow LLP
  • 10 years 2 months ago
Citation:
13a0063n.06
Ruling:
Appeal of bankruptcy court's decision remanding case removed state court action to confirm arbitration award which was affirmed by district court was unreviewable by the court of appeals under 28...
Judge(s):
Guy, Sutton and Cook
Tag(s):

Collect Access LLC v. Hernandez (In re Hernandez)

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 10 years 3 months ago
Citation:
BAP No. SC-12-1209 JuMkPa (consolidated with BAP No. SC-12-1217 JuMkPa (for publication)
Ruling:
The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.
Judge(s):
JURY, MARKELL, and PAPPAS, Bankruptcy Judges
Tag(s):

Castro v. Kondaur Capital Corp. (In re Castro)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 4 months ago
Citation:
In re Castro, 2012 WL 5935957 (10th Cir. Nov. 28, 2012)
Ruling:
Appellant that was neither debtor nor creditor and had no interest in real property or, at best, such interest was subordinate, lacked standing to object to creditor’s motion for relief from...
Judge(s):
Lucero, Tymkovich, and Holmes
Tag(s):

Keyser v. Wasatch Towers Condominium Owners Association, Inc. (In re Keyser)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 10 years 4 months ago
Citation:
No. 12-4114 (10th Cir. Nov. 27, 2012)
Ruling:
Affirming the Bankruptcy Appellate Panel, the Tenth Circuit dismissed an appeal by Steven Keyser (“Debtor”) for lack of jurisdiction because his notice of appeal was untimely under Fed. Rul....
Judge(s):
Murphy, Ebel, and Hartz, Circuit Judges.
Tag(s):

Santander Consumer USA, Inc. v. Houlik (In re Houlik)

Citation:
10th Cir. B.A.P. - BAP No. KS - 11-096 (Bankr. Case No 09-12159)
Ruling:
REVERSE lower court's ruling, concluding that the bankruptcy court did not have the authority to award damages to debtors, Jeffrey P Houlik and Charla Houlik, in the amount of $474.86 actual...
Judge(s):
Cornish, Brown and Rasure.
Tag(s):

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