IN RE: STEVEN RICHARD ALECKNA; JAIME SUE ALECKNA

Citation:
No. 20-1309 (3rd Circuit, Sep 09,2021) Published
Case Status:
Affirmed
Ruling:
Addressing the effect of the 2005 amendment to 11 U.S.C. § 362, the Third Circuit's decision in In re University Medical Center, 973 F.2d 1065 (3d Cir. 1992), remains good law so that a creditor...
Judge(s):
GREENAWAY, JR., SHWARTZ, and FUENTES
Tag(s):

In re Jacarae Lea Fairbanks

Citation:
Bankruptcy Appellate Panel of the Ninth Circuit No. WW-21-1019-FBS (9th Circuit, Aug 12,2021) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The BAP affirmed the bankruptcy court's ruling that the Debtor held legal title to the Property on the Petition Date, the deed recording violated the automatic stay, the denial of the stay...
Judge(s):
The Hons. Faris, Brand, and Spraker
Tag(s):

In re Latasha Denell Mitchell

Citation:
EC-21-1010-LBT (9th Circuit, Aug 03,2021) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling against the debtor regarding alleged violations of the stay and discharge injunction against the loan servicer. ...
Judge(s):
LAFFERTY, BRAND, and TAYLOR
Tag(s):

In re Julieta Jimenez

Citation:
CC-20-1275-FSG, CC-21-1030-FSG (9th Circuit, Aug 02,2021) Not Published
Case Status:
Affirmed
Ruling:
The 9th Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's rulings granting relief from the automatic stay under section 362(d)(1) and (d)(4) and dismissing the chapter 13 case where...
Judge(s):
Faris, Spraker, Gan
Tag(s):

In re Carol Lee Depuydt-Meier

Citation:
21-1001 & 21-1002 (9th Circuit, Jun 28,2021) Not Published
Case Status:
Affirmed
Ruling:
Echoing a similar ruling in a separate case, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed orders (1) overruling the objection by Carol Lee DePuydt-Meier (DR) to a proof...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
Tag(s):

Bank of New York Mellon v. 732 Hardy Way Trust

Citation:
19-17048 (9th Circuit, Jun 25,2021) Published
Case Status:
Reversed and Remanded
Ruling:
A homeowners' association foreclosure sale that violates the automatic stay (11 U.S.C. § 362(a)) is void under Nevada law, and the holder of a deed of trust that was extinguished by the HOA's...
Judge(s):
Johnnie B. Rawlinson, Danielle J. Forrest, and Lawrence VanDyke, Circuit Judges
Tag(s):

In re Khabushani

Citation:
20-1243 (9th Circuit, Jun 22,2021) Not Published
Case Status:
Reversed
Ruling:
In this one of two related opinions, the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) reversed the decision of the U.S. Bankruptcy Court for the Central District of California (BC) to...
Judge(s):
Laura S. Taylor; Robert J. Faris; and William Lafferty
Tag(s):

Loughran v. Wells Fargo Bank, N.A.

Citation:
19-3530 (7th Circuit, Jun 22,2021) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Seventh Circuit (Panel) (1) asserted its appellate jurisdiction to review a stay of district-court proceedings under 28 U.S.C. § 1291 and (2) affirmed the...
Judge(s):
Diane S. Wood; David F. Hamilton; and Frank H. Easterbrook
Tag(s):

In re Nathaneil Basola Sobayo

Citation:
BAP No. NC-20-1151-BSG (9th Circuit, Jun 09,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed bankruptcy court (ND Cal.) dismissed debtor's adversary complaint against foreclosing creditors and their attorney for willful violation of automatic stay. Real property...
Judge(s):
Brand, Spraker, Gan
Tag(s):

In re Ronald Smith

Citation:
20-3150 (6th Circuit, Jun 09,2021) Published
Case Status:
Reversed and Remanded
Ruling:
The Court of Appeals reversed the order vacating the dismissal of the debtor's Chapter 13 case and remanded to the Bankruptcy Court with instructions to dismiss the case. The Court based its ruling...
Judge(s):
Gibbons, Kethledge and Murphy; Opinion by Kethledge
Tag(s):

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