Susan Lynne Rohe v. Wells Fargo Bank

• Summarized by Kathleen DiSanto , Bush Ross, P.A.
• 3 years 10 months ago

Citation:

19-13947 (11th Circuit, Feb 18,2021) Published

Case Status:

Affirmed

Ruling:

In affirming the district court's order denying a chapter 13 debtor's petition under the All Writs Act, which sought an order declaring certain actions taken in a state court foreclosure proceeding...

Judge(s):

Wilson, Grant, and Tjoflat, Circuit Judges

Tag(s):

• 11th Circuit
• Bankruptcy Litigation
• Consumer Bankruptcy
• 9027
• 362

In re Shawne Merriman

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 years 5 months ago

Citation:

BAP No. CC-19-1245-LTaF (9th Circuit, Jul 13,2020) Published

Case Status:

Affirmed

Ruling:

The Supreme Court's opinion in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 140 S. Ct. 696 (2020), does not prohibit a bankruptcy court from fashioning nunc pro tunc...

Judge(s):

LAFFERTY, TAYLOR, and FARIS, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Practice and Procedure
• 362

In re Peabody Energy Corporation

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 years 8 months ago

Citation:

18-3242, 19-1767 (8th Circuit, May 06,2020) Published

Case Status:

Affirmed

Ruling:

The governmental entities' claims for damages for environmental damages, other than those recognized under environmental laws such as the Clean Water Act and CERCLA and state and local equivalents...

Judge(s):

GRUENDER, ARNOLD, and SHEPHERD

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Claims
• 1141(d)(1)
• 362

Puerto Rico, LLC v. Empresas Martinez Valentin Cor

• Summarized by David Baker , Law Office of David G. Baker
• 4 years 11 months ago

Citation:

18-2103 (1st Circuit, Jan 28,2020) Published

Case Status:

Affirmed

Ruling:

For the foregoing reasons, we dismiss the appeal of the April 4 damages award, and we affirm the amount of attorneys' fees imposed.

Judge(s):

Torruella, Thompson, and Kanatta (author)

Tag(s):

• 1st Circuit
• Automatic Stay
• Practice and Procedure
• Professional Compensation/Fees
• 9023 and 9024
• 362
• 105

In re: FirstEnergy Solutions Corp

• Summarized by J. Debbeler , Bricker Graydon LLP
• 5 years 3 weeks ago

Citation:

Nos. 18-3787/3788/4095/4097/4107/4110; File No. 19a0294p.06 (6th Circuit, Dec 12,2019) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The Sixth Circuit determined that the necessity of available and functional bankruptcy relief is generally superior to the necessity of Federal Energy Regulatory Commission's having complete or...

Judge(s):

Batchelder, Griffin and Donald

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Executory Contracts/Leases
• Practice and Procedure
• Govt. Claims/Sovereign Immunity
• Sections
• 365
• 362
• 105

Audrey Dick v. Colorado Housing Ent, L.L.C., et al

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 5 years 6 months ago

Citation:

18-10900 (5th Circuit, Jul 05,2019) Published

Case Status:

Affirmed

Ruling:

Affirmed District Court judgment dismissing Plaintiff/former debtor's contract and tort claims against creditors that foreclosed on former debtor's condo, and granting partial summary judgment on...

Judge(s):

Owen, Southwick, Higginson

Tag(s):

• 5th Circuit
• Automatic Stay
• Practice and Procedure
• Consumer Bankruptcy
• Mortgage
• Finance and Banking
• Lender Liability
• Real Estate
• Small Business
• 362
• 109

Migrant Health Center, Inc. v. Commonwealth of Puerto Rico

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 5 years 9 months ago

Citation:

18-1783 (1st Circuit, Mar 21,2019) Published

Case Status:

Reversed and Remanded

Ruling:

The automatic stay provision of the Puerto Rico Oversight, Management, and Economic Stability Act (section 362 incorporated through section 301(a), 48 U.S.C. section 2161(a)) applies to certain...

Judge(s):

Lynch, Thompson and Baron

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Venue/Jurisdiction
• Puerto Rico
• 362

IN RE: JACKSON MASONRY, LLC

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 6 years 2 months ago

Citation:

Case No. 18-5157/5161, 2018 WL 4997779 (6th Cir. 2018) (6th Circuit, Oct 16,2018) Published

Case Status:

Affirmed

Ruling:

Appeal of Order Denying Motion for Relief From Stay dismissed where Notice of Appeal filed after deadline.

Judge(s):

Sutton, McKeague and Thapar

Tag(s):

• 6th Circuit
• Practice and Procedure
• 362

IN RE: SWINTEK

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 6 years 2 months ago

Citation:

No. 16-60003 (9th Circuit, Oct 22,2018) Published

Case Status:

Affirmed

Ruling:

11 U.S.C. § 108(c) tolled the period in which a judgment creditor could enforce a one-year “ORAP lien” encumbering the Debtor’s personal property under California Code of Civil Procedure...

Judge(s):

Kim McLane Wardlaw and Jay S. Bybee, Circuit Judges, and Harvey Bartle III, District Judge.

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Claims
• 108
• 362

Bray v. U.S. Bank National Assoc.

• Summarized by Camila Bersani , U.S. Bankruptcy Court
• 6 years 5 months ago

Citation:

CC-17-1373-SKuF (9th Circuit, Aug 07,2018) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy court did not commit a reversible error when it annulled the automatic stay nunc pro tunc to validate a postpetition nonjudicial foreclosure sale of real property where the debtor was...

Judge(s):

SPRAKER, KURTZ, and FARIS

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Mortgage
• 362

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