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Jakubaitis v. JPMorgan Chase Bank, N.A. (In re Jakubaitis)

Citation:
CC-18-1069-FLS (9th Circuit, Mar 07,2019) Not Published
Case Status:
Affirmed
Ruling:
The error in granting relief from the automatic stay was harmless because the discharge injunction left creditor free to enforce its in rem rights against debtor's car without seeking permission...
Judge(s):
Faris, Lafferty, Spraker
Tag(s):

Glaser and Khomyakova v. Krohn (In re Glaser and Khomyakov)

Citation:
BAP No. NV-18-1175-KuTaB (9th Circuit, Mar 05,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Nev.) denying chapter 7 trustee's motion for (1) determination that malpractice cause of action of debtors against their bankruptcy...
Judge(s):
Kurtz, Taylor, Brand
Tag(s):

Wohleber v. Skurko & Gentile (In re Wohleber)

Citation:
18-8008 (6th Circuit, Mar 04,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel reversed the Bankruptcy Court for the Northern District of Ohio, ruling (i) the continuation of a contempt proceeding against a Chapter 13 debtor for...
Judge(s):
HARRISON, HUMPHREY, and OPPERMAN
Tag(s):

Parr v. Rodriguez (In re Parr)

Citation:
No. CO-18-084, 2019 WL 365748 (10th Circuit, Jan 30,2019) Not Published
Case Status:
Affirmed
Ruling:
Pro se chapter 7 debtor failed to meet burden of justifying relief under FRCP 60(b) by failing to present evidence or legal arguments at an evidentiary hearing.
Judge(s):
Nugent, Cornish, Jacobvitz
Tag(s):

Brace v. Speier (In re Brace)

Citation:
No. CC-18-1172-LSTa, 2019 WL 167783 (9th Circuit, Jan 11,2019) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Bankruptcy court correctly found debtor in contempt for a willful stay violation because debtor knew of the automatic stay and acted intentionally to violate it.
Judge(s):
Lafferty, Spraker, Taylor
Tag(s):

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):

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