Home » Bankruptcy Process and Procedure » Automatic Stay

Milk Indus. Regulatory Office v. Ruiz Ruiz

  • Summarized by Paris Gyparakis , Porzio, Bromberg & Newman, P.C.
  • 1 month 1 week ago
Citation:
22-1761 (1st Circuit, Nov 21,2024) Not Published
Case Status:
Reversed
Ruling:
The planned auction of the debtor's milk quota by the Puerto Rico agency that regulates milk production (ORIL) falls squarely within the "police power" exception to the automatic stay under 11...
Judge(s):
U.S. Circuit Judges David F. Hamilton, Julie Rikelman and O. Rogeriee Thompson (Opinion by Hamilton)
Tag(s):

William P. Jackson v. United States

Citation:
24-6002 (8th Circuit, Oct 25,2024) Published
Case Status:
Dismissed
Ruling:
A debtor's appeal from an order granting a creditor relief from the automatic stay becomes moot if circumstances change so that the court cannot grant any effective relief. Thus, (i) the debtor's...
Judge(s):
HASTINGS, Chief Judge, SURRATT-STATES, AND CONSTANTINE, Bankruptcy Judges
Tag(s):

ROSE COURT, LLC V. SELECT PORTFOLIO SERVI

Citation:
21-16663 (9th Circuit, Oct 17,2024) Published
Case Status:
Affirmed
Ruling:
A panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the Northern District of California affirming the decision of that district's bankruptcy...
Judge(s):
Daniel P. Collins; Danielle J. Forrest; and Jennifer Sung
Tag(s):

INTERNATIONAL PETROLEUM PRODUC V. BLACK G

Citation:
22-15109 and 22-16341 (9th Circuit, Sep 16,2024) Published
Case Status:
Affirmed
Ruling:
An order reversing a bankruptcy court's decision to deny recognition of a foreign insolvency proceeding does not trigger the automatic stay of 11 U.S.C. § 1120 nunc pro tunc to the date of the...
Judge(s):
Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges [*United States Court of Appeals for the Seventh Circuit, sitting by designation]
Tag(s):

Rechnitz v. Schmidt

Citation:
23-20386 (5th Circuit, Aug 14,2024) Published
Case Status:
Affirmed
Ruling:
In this direct appeal, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the ruling of the U.S. Bankruptcy Court for the Southern District of Texas (BC) that the trustee for two...
Judge(s):
Kyle S. Duncan; Jennifer W. Elrod; and Irma C. Ramirez
Tag(s):

McIntyre v. Fangman, et al.

  • Summarized by Leo Weiss , Office of the U.S. Trustee
  • 5 months 5 days ago
Citation:
23-1048 (10th Circuit, Aug 02,2024) Not Published
Case Status:
Affirmed
Ruling:
McIntyre had business disputes with Fangman. After interpleading the amount he admitted owing in a state court, he filed a pro se Chapter 13 bankruptcy in which he challenged the state court's...
Judge(s):
Matheson, Eid and Carson
Tag(s):

American Warrior, Inc. v. Foundation Energy Fund IV-A, L.P.

Citation:
23-30529 (5th Circuit, Aug 01,2024) Published
Case Status:
Affirmed
Ruling:
In affirming the lower courts, the Fifth Circuit holds that state court litigation in Kansas can and should proceed unaffected by a reopened chapter 7 bankruptcy case after the Chapter 7 trustee...
Judge(s):
Jones, Clement, and Wilson
Tag(s):

Minor Children v. Roman Catholic Church of the Archdiocese of New Orleans (In re: Roman Catholic Church of the Archdiocese of New Orleans)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 5 months 3 weeks ago
Citation:
No. 23-30565 (5th Circuit, Jul 17,2024) Not Published
Case Status:
Reversed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held (a) the Minor Children had Article III standing to appeal from a bankruptcy court's decision denying their motion for a "comfort order" to...
Judge(s):
King, Jones, and Oldham
Tag(s):

MARGUERITE POTTER and KEVIN POTTER

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 6 months 1 week ago
Citation:
23-2625 (3rd Circuit, Jun 26,2024) Published
Case Status:
Affirmed
Ruling:
In this non-precedential ruling, the Third Circuit affirmed the decisions of the District and Bankruptcy Courts annulling the automatic stay and dismissing the pro se debtors’ civil action...
Judge(s):
JORDAN, PHILLPS and NYGAARD, Circuit Judges
Tag(s):

Windstream Holdings, Inc. v. Charter Communications Operating, LLC (In re Windstream Holdings, Inc.)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 6 months 2 weeks ago
Citation:
No. 22-2891-bk (2nd Circuit, Jun 24,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Second Circuit affirmed a district court's ruling overturning a bankruptcy court's order holding the debtor's competitor in contempt. It held: 1) the Taggart "no...
Judge(s):
Livingston, Cabranes, and Kahn
Tag(s):

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