Marshall v. Deutsche Bank National Trust Co. (In re Marshall)

Citation:
No. 18-6022, 2019 WL 177965 (8th Circuit, Jan 14,2019) Not Published
Case Status:
Dismissed
Ruling:
A foreclosure sale in a bankruptcy case is not subject to modification by an appellate court unless the appellant receives a stay pending appeal.
Judge(s):
Saladino, Nail, Dow
Tag(s):

IN RE: SMITH, JR.,

Citation:
18-1573 (1st Circuit, Dec 12,2018) Published
Case Status:
Affirmed
Ruling:
Section 363(c)(3)(A) terminates the entire stay thirty days after the filing of a second petition-- as to the actions against the Debtor, the debtor's property, and property of the bankruptcy...
Judge(s):
Lynch, Stahl and Barron
Tag(s):

IN RE: SWINTEK

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):

In re: GARCIA

Citation:
17-3247 (10th Circuit, Oct 17,2018) Not Published
Case Status:
Affirmed
Ruling:
The Chapter 13 Trustee argued that Cowen was wrongly decided. Citing the rule that absent en banc review or intervening Supreme Court precedent, one panel of the 10th Circuit cannot overturn the...
Judge(s):
Tymkovich, Chief Judge, Holmes, and Phillips, Circuit Judges
Tag(s):

AMERICAN AIRLINES, INC. v. MAWHINNEY

Citation:
16-56643 (9th Circuit, Sep 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part ruling of district court (SD Cal.). 9th Circuit agreed employer did not waive right to arbitrate by waiting to seek to compel arbitration. Private...
Judge(s):
Berzon, Smith, Castel
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):

Bray v. U.S. Bank National Assoc.

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):

Daughtrey v. Rivera

Citation:
15-14544 (11th Circuit, Jul 24,2018) Published
Case Status:
Affirmed
Ruling:
A debtor's right to convert to chapter 11 from chapter 7 pursuant to Section 706(a) is limited by subsection (d). Thus, a debtor's right to convert is expressly conditioned on his ability to...
Judge(s):
Tjoflat, Rosenbaum, and Sentelle
Tag(s):

Isaacs v. DBI-ASG Coinvestor Fund, III, LLC

Citation:
Case No. 17-5815; File No. 18a0145p.06 (6th Circuit, Jul 18,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sixth Circuit ruled that the Rooker-Feldman doctrine applies on a claim-by-claim basis and, if the source of the injury is the state court decision, then the court is barred from asserting...
Judge(s):
Batchelder, Gilman and Rogers, Circuit Court Judges
Tag(s):

Duwaik v. JP Morgan Chase Bank, N.A.

Citation:
17-1385 (10th Circuit, Jul 12,2018) Not Published
Case Status:
Affirmed
Ruling:
The dismissal of a chapter 11 case pending appeal renders that appeal moot and the judgment below is generally vacated and the matter remanded so it can be dismissed. A subsequently filed chapter...
Judge(s):
Lucero, Hartz, McHugh (Hartz)
Tag(s):

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