SCHELIN & WATSON V. MALLOY

• Summarized by Danielle Scott , U.S. Bankruptcy Court, Southern District of West Virginia
• 2 months 1 day ago

Citation:

24-2271 (4th Circuit, Nov 25,2025) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The Fourth Circuit affirmed the district court's order to uphold the modification of the automatic stay, and dismissed the portion of the order where the bankruptcy court decided to abstain and...

Judge(s):

Wynn, Richardson, and Keenan

Tag(s):

• 4th Circuit
• Automatic Stay
• Consumer Bankruptcy
• 11 U.S.C. 362(a)
• (d)

FANTASIA V. DIODATO, ET AL.

• Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
• 5 months 1 week ago

Citation:

23-3742 (9th Circuit, Sep 15,2025) Published

Case Status:

Reversed and Remanded

Ruling:

Per Ritzen Group v. Jackson Masonry, the bankruptcy court's order vacating its prior stay relief and abstention order and reimposing the automatic stay was a final order subject to immediate appeal...

Judge(s):

Smith, Bade, and Forrest

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• FRBP 9024; FRCP 60(b)
• 11 U.S.C. 362(a)
• 28 U.S.C. 158
• 28 U.S.C. § 1334

In re Anibal Mesala Silva

• Summarized by Lars Fuller , BakerHostetler
• 4 years 7 months ago

Citation:

BAP No. CC-20-1237-GTL (9th Circuit, Jul 06,2021) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.). denying chapter 13 debtor's (1) motion for sanctions against tax collector and mortgage servicer; (2) motion to vacate order denying...

Judge(s):

Gan, Taylor, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 11 U.S.C. 362(a)

In re Donald Henderson Scott

• Summarized by Lars Fuller , BakerHostetler
• 4 years 10 months ago

Citation:

No. 20-6024 (8th Circuit, Apr 16,2021) Published

Case Status:

Affirmed

Ruling:

BAP for 8th Circuit affirmed ruling of bankruptcy court (WD Missouri - KC) denying debtors' motions for (1) sanctions against attorney for creditor; (2) to alter or amend the order denying the...

Judge(s):

Nail, Schermer, Saladino

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 9011
• 11 U.S.C. 362(a)

In re Gardens Regional Hospital and Medical Center, Inc.

• Summarized by Lars Fuller , BakerHostetler
• 5 years 5 months ago

Citation:

No. 18-60016 (9th Circuit, Sep 16,2020) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

9th Cir. affirmed in part and reversed in part BAP decision affirming bankruptcy court's denial of Chapter 11 debtor's motion asserting that State of California and Dept. of Health Care Services...

Judge(s):

Wardlaw, Collins, Bataillon

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Practice and Procedure
• Health Care
• 11 U.S.C. 362(a)

In re: GARCIA

• Summarized by Brandon Bickle , Gable & Gotwals, PC
• 7 years 4 months ago

Citation:

17-3247 (10th Circuit, Oct 17,2018) Not Published

Case Status:

Affirmed

Ruling:

The Chapter 13 Trustee argued that Cowen was wrongly decided. Citing the rule that absent en banc review or intervening Supreme Court precedent, one panel of the 10th Circuit cannot overturn the...

Judge(s):

Tymkovich, Chief Judge, Holmes, and Phillips, Circuit Judges

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• 11 U.S.C. 362(a)

AMERICAN AIRLINES, INC. v. MAWHINNEY

• Summarized by Lars Fuller , BakerHostetler
• 7 years 5 months ago

Citation:

16-56643 (9th Circuit, Sep 26,2018) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

9th Cir. affirmed in part and reversed in part ruling of district court (SD Cal.). 9th Circuit agreed employer did not waive right to arbitrate by waiting to seek to compel arbitration. Private...

Judge(s):

Berzon, Smith, Castel

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Professional Practice Areas
• Airlines
• 11 U.S.C. 362(a)

IN TR SEPEHRY-FARD

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

Citation:

NC-17-1118-BTaF & NC-17-1123-BTaF (9th Circuit, Jun 05,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. dismissed as moot and affirmed remaining ruling of bankruptcy court (ND Cal.) ruling that automatic stay expired after 30 days for repeat filer, and alternatively granting relief...

Judge(s):

Brand, Taylor, Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Real Estate
• 11 U.S.C. 362(a)

Smith v. IH4 Property West LP (In re Smith)

• Summarized by Lars Fuller , BakerHostetler
• 8 years 3 weeks ago

Citation:

BAP No. CC-16-1414-FLKu (9th Circuit, Feb 01,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) denying chapter 13 debtor's motion for damages against creditor based on violation of automatic stay. BAP ruled that creditor deed...

Judge(s):

Faris, Lafferty, Kurtz

Tag(s):

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

In re Odell

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 8 years 4 weeks ago

Citation:

17-8012 (6th Circuit, Jan 30,2018) Not Published

Case Status:

Dismissed

Ruling:

The Sixth Circuit Court of Appeals dismissed the appeal of an order granting relief from stay as moot, since the underlying property had been claimed exempt and the debtor received her discharge...

Judge(s):

Harrison, Humphrey and Preston; opinion by Preston

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Consumer Bankruptcy
• 11 U.S.C. 362(a)

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