United States v. Colasuonno

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 9 months 1 week ago

Citation:

24-924 (2nd Circuit, May 13,2025) Not Published

Case Status:

Affirmed

Ruling:

In a summary order, the Second Circuit rejected the debtor's argument that the government's filing of a Notice of Federal Tax lien allegedly in violation of the automatic stay provides a basis to...

Judge(s):

For the Court

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Discharge/Dischargeability
• 11 U.S.C. § 362

In re BRUCE R. AIKINS, Debtor/Appellant

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 11 months 3 weeks ago

Citation:

No. 24-1695 (3rd Circuit, Feb 20,2025) Not Published

Case Status:

Dismissed

Ruling:

Pro Se Debtor's appeal challenging bankruptcy court's decision granting landlord/creditor relief from the automatic stay to continue an ejectment was dismissed as moot because during the pendency...

Judge(s):

BIBAS, FREEMAN, and NYGAARD

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Fed. R. Bankr. P. 8002
• 11 U.S.C. § 362

In re JEROME E. PERRYMAN

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 4 months ago

Citation:

21-1036 (9th Circuit, Oct 08,2021) Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel (BAP) affirmed the denial of an order denying the contempt motion filed by chapter 13 debtor Jerome Perryman (DR) against his ex-wife, Karen Dal Poggetto (PG),...

Judge(s):

Julia W. Brand; Robert J. Faris; and Gary A. Spraker

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Court Administration
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Mortgage
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Lender Liability
• 11 U.S.C. § 362

In re Nathaneil Basola Sobayo

• Summarized by Lars Fuller , BakerHostetler
• 4 years 8 months ago

Citation:

BAP No. NC-20-1151-BSG (9th Circuit, Jun 09,2021) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed bankruptcy court (ND Cal.) dismissed debtor's adversary complaint against foreclosing creditors and their attorney for willful violation of automatic stay. Real property...

Judge(s):

Brand, Spraker, Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Real Estate
• Fed. R. Bankr. P. 7012
• 11 U.S.C. § 362

In re Censo, LLC

• Summarized by Joel Newell , Ballard Spahr, LLP
• 4 years 9 months ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. NV-20-1240-FLT (9th Circuit, May 28,2021) Not Published

Case Status:

Affirmed

Ruling:

Debtor's Notice of Appeal only attached the order denying Debtor's motion for reconsideration. Therefore, the BAP's ruling was limited to only the reconsideration order and not the prior stay...

Judge(s):

Honorable Faris, Lafferty, and Taylor, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Plan Confirmation
• Valuation
• Real Estate
• Rule 9023
• 11 U.S.C. § 362

Assured Gauranty Corp. v Commonwealth of Puerto Rico

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 11 months ago

Citation:

20-1930 (1st Circuit, Mar 03,2021) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the First Circuit (Circuit) held that the judge sitting by designation on the U.S. District Court for the District of Puerto Rico solely for hearing petitions under...

Judge(s):

Sandra L. Lynch; Kermit V. Lipez, and Ojetta R. Thompson

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Creditors' Committee
• Financial Advisors
• Govt. Claims/Sovereign Immunity
• Puerto Rico
• Fed. R. Bankr. P. 4001
• 11 U.S.C. § 362

Lawrence Wohleber, Jr. v. Jennifer Skurko

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 5 years 3 months ago

Citation:

19-3223, 19-3225 (6th Circuit, Nov 18,2020) Not Published

Case Status:

Dismissed

Ruling:

The Panel dismissed the appeal, of Jennifer Skurko (Skurko) and Leslie Gentile (Gentile, and with Skurko, Defendants), of an order of the Bankruptcy Appellate Panel (BAP), which reversed the...

Judge(s):

Helene N. White; Alice M. Batchelder; and Eric E. Murphy

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction
• Consumer Bankruptcy
• Family/Divorce Issues
• Rule 52(c)
• 11 U.S.C. § 362

Sharon Rose v. Select Portfolio Servicing, et al

• Summarized by Lars Fuller , BakerHostetler
• 6 years 2 months ago

Citation:

19-50598 (5th Circuit, Dec 10,2019) Published

Case Status:

Affirmed

Ruling:

5th Circuit affirmed District Court (W.D. Tx.) grant of summary judgment in favor of creditors seeking foreclosure against former serial bankruptcy filer. Texas common law and Section 362(c)(3)(A)...

Judge(s):

Owen, Southwick and Willett

Tag(s):

• 5th Circuit
• Automatic Stay
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Real Estate
• 11 U.S.C. § 362

Oya v. Wells Fargo, N.A. (In re Oya)

• Summarized by Lars Fuller , BakerHostetler
• 6 years 4 months ago

Citation:

BAP No. SC-19-1095-BKuL (9th Circuit, Oct 18,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed ruling of bankruptcy court (SD Cal.) retroactively annulling automatic stay after creditor with notice of bankruptcy proceeded with foreclosure sale. Bankruptcy court...

Judge(s):

Brand, Kurtz, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 11 U.S.C. § 362

Teresa Chandler v. Peoples Bank & Trust Co.

• Summarized by Ryan Heilman , Heilman Law PLLC
• 6 years 10 months ago

Citation:

No.18-5361 (6th Circuit, Apr 24,2019) Not Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit affirmed dismissal of claims for breach of contract and violations of the Fair Credit Reporting Act, finding that Peoples Bank did not misapply a payment to the wrong month, even...

Judge(s):

GIBBONS, ROGERS, and STRANCH

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Finance and Banking
• 11 U.S.C. § 362
• 11 U.S.C. § 524(f)

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