Per Ritzen Group v. Jackson Masonry, the bankruptcy court's order vacating its prior stay relief and abstention order and reimposing the automatic stay was a final order subject to immediate appeal...
The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy court's order granting in rem relief from the automatic stay in favor of a mortgage creditor so it could sell a house based on...
The U.S. Court of Appeals for the 8th Circuit found that the district court erred by declining to dismiss Debtor’s appeal as statutorily moot. Parties must stay the sale of a bankruptcy...
The U.S. Court of Appeals for the 11th Circuit affirmed the other courts’ decisions against Debtor. The Court’s ruling that limits district courts’ ability to retroactively confer...
The bankruptcy court's exercise of its power under 11 U.S.C. § 362(d) to annul the automatic stay was not subject to the Supreme Court's prohibition on nunc pro tunc orders. See Catholic...
Judge(s):
WILLIAM PRYOR, Chief Judge, and GRANT and KIDD, Circuit Judges.
The United States Court of Appeals for the Second Circuit affirmed the judgment of the District Court. The Court upheld the Receiver's motion, which included: (1) permanently enjoining the...
In a summary order, the Second Circuit rejected the debtor's argument that the government's filing of a Notice of Federal Tax lien allegedly in violation of the automatic stay provides a basis to...
Legacy HOA was not a creditor of individual debtor Dombrowski, therefore Legacy did not violate the automatic stay and was not bound by the debtor's confirmed chapter 11 plan. The Eleventh Circuit...
The Third Circuit affirmed a bankruptcy court's summary judgment ruling that a claim is not time barred when the claimant timely files a proof of claim in the bankruptcy case but does not file a...
With no clear error in the bankruptcy court’s findings, nor abuse of discretion, it was well within the court’s authority to grant the motion for retroactive annulment of the automatic stay,...
Judge(s):
Judge Priscilla Richman; Judge Jerry Willett; and Judge Dana M. Douglas; Per Curiam:
