In re Health Care Real Estate Partners

Citation:
18-3267 (3rd Circuit, Oct 22,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court does not have authority to prohibit a debtor from bringing a claim for damages under 11 U.S.C. § 362(k). Section 362(k) creates a private cause of action.
Judge(s):
CHAGARES, GREENAWAY, JR., and GREENBERG
Tag(s):

Ress Financial Corp. v. Beaumont 1600, LLC

Citation:
BAP No. CC-17-1357-LLsTA & CC-17-1387-LLsTa (9th Circuit, Sep 07,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed and remanded contempt citation of bankruptcy court (CD Cal.) finding the court made inadequate findings to support ruling. Bankruptcy court failed to find that...
Judge(s):
Lafferty, Taylor, Lastreto
Tag(s):

Hunsaker v. U.S.A.

Citation:
16-35991 (9th Circuit, Aug 30,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Ninth Circuit reversing district court, which had reserved the bankruptcy court award of damages to the Debtors for violation of the automatic stay by the IRS. Sovereign immunity does not bar an...
Judge(s):
McKeown, Paez, and Bashant
Tag(s):

IN RE; PEEPLES

Citation:
17-4046 (10th Circuit, Jan 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sua sponte, the court found that Mrs. Lee, who was not a party to the underlying state court action, did not have Article III standing to bring suit and vacated judgment as to Mrs. Lee with...
Judge(s):
Lucero, Bacharach, and Mortiz
Tag(s):

OLSEN V FINANCE AUTHORITY OF MAINE

Citation:
16-058 (1st Circuit, Jul 19,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Bankruptcy Appellate Panel for the First Circuit Affirmed the United States Bankruptcy Court for the District of Maine's judgment in part finding that the debtor's student loan obligations were...
Judge(s):
Bailey, Godoy and Panos
Tag(s):

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