Home » 362

INTERNAL REVENUE SERVICE v MURPHY

  • Summarized by David Baker , Law Office of David G. Baker
  • 6 years 7 months ago
Citation:
17-1601 (1st Circuit, Jun 07,2018) Published
Case Status:
Affirmed
Ruling:
Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...
Judge(s):
Stahl and Souter in the majority, and Lynch dissenting.
Tag(s):

Axia NetMedia Corp. v. Massachusetts Technology Park Corp.

  • Summarized by Bodie Colwell , Preti Flaherty, LLP
  • 6 years 8 months ago
Citation:
17-1607 (1st Circuit, Apr 25,2018) Published
Case Status:
Affirmed
Ruling:
AFFIRMED in part and REMANDED in part. The First Circuit Court of Appeals AFFIRMS the District Court's judgment ordering Axia to perform obligations of KCST as guarantor of KCST and REMANDS to the...
Judge(s):
Lynch, Souter, Kayatta
Tag(s):

Mantiply v. Horne (In re Horne)

Citation:
16-16789 (11th Circuit, Dec 05,2017) Published
Case Status:
Affirmed
Ruling:
On an issue of first impression, the Eleventh Circuit concluded that section 362(k) of the Bankruptcy Code authorizes the payment of attorney's fees and costs incurred by debtors in stopping a...
Judge(s):
Ed Carnes, Chief Judge, and Black, Circuit Judge, and May, District Judge
Tag(s):

Hujazi v. Schoenmann

Citation:
NC-15-1206-BSKu (9th Circuit, Jul 12,2017) Not Published
Case Status:
Affirmed
Ruling:
Debtor in a involuntary Chapter 7 bankruptcy lacked standing to argue that the Chapter 11 trustee for a business trust formerly owned by the debtor (the "Other Trustee") violated the automatic stay...
Judge(s):
BRAND, SPRAKER (Chief Bankruptcy Judge, D. Alaska, sitting by designation), KURTZ
Tag(s):

Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 7 years 7 months ago
Citation:
No. 16-1681 (4th Circuit, Jun 12,2017) Published
Case Status:
Affirmed
Ruling:
As to the threshold requirements of Rule 60(b), the court found that Wells failed to timely file its motion and that granting relief to Wells would prejudice the bona fide purchaser at the...
Judge(s):
Before Judges Niemeyer, King, and Duncan, Circuit Judges.
Tag(s):

Reed v. New York Community Bank (In re Reed)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 8 years 3 weeks ago
Citation:
CC-16-1028-DKiF (9th Circuit, Dec 02,2016) Not Published
Case Status:
Affirmed
Ruling:

In rem relief from stay was properly granted by the bankruptcy court where debtor had filed multiple cases and transferred fractional interests in residence.

Judge(s):
DUNN, KIRSCHER and FARIS
Tag(s):

Perez v. Deutsche Bank National Trust Co.

Citation:
___ B.R. ___ (1 st. Cir BAP 2016) BAP NO. MS 16-007
Ruling:
The Bankruptcy Appellate Panel affirms the bankruptcy court's ruling that a postponement of a foreclosure sale did not violate the automatic stay. The BAP maintains the First Circuit approach that...
Judge(s):
Lamoutte, Deasy and Cary.
Tag(s):

State of Florida Department of Revenue v. Gonzalez (In re Gonzalez)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 8 years 5 months ago
Citation:
--- F.3d ---- (11th Cir. 2016)
Ruling:
Exception to automatic stay under section 362(b)(2)(C) for withholding for payment of a domestic support obligation does not trump binding effect of confirmed chapter 13 plan per section 1327(a). ...
Judge(s):
JORDAN, ROSENBAUM, and SILER,* Circuit Judges. *Judge Eugene E. Siler, Jr., Circuit Judge for the Sixth Circuit, sitting by designation.
Tag(s):

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