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Home » Bankruptcy Process and Procedure » Automatic Stay

FANTASIA V. DIODATO, ET AL.

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 7 months 2 weeks ago
Citation:
23-3742 (9th Circuit, Sep 15,2025) Published
Case Status:
Reversed and Remanded
Ruling:
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...
Judge(s):
Smith, Bade, and Forrest
Tag(s):

In re Adams

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 7 months 3 weeks ago
Citation:
No. 24-1212 (3rd Circuit, Sep 03,2025) Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
BIBAS, PHIPPS, and AMBRO
Tag(s):

LaDonna Humphrey v. Anthony Christopher

  • Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
  • 9 months 3 days ago
Citation:
No. 24-1854 (8th Circuit, Jul 29,2025) Published
Case Status:
Reversed and Rendered
Ruling:
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...
Judge(s):
Smith, Shepherd, and Kobes
Tag(s):

Patel v. Patel (In re Patel)

  • Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
  • 9 months 4 days ago
Citation:
No. 23-12847 (11th Circuit, Jul 08,2025) Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Pryor, Grant, and Kidd
Tag(s):

Rajesh C. Patel v. Rishi M. Patel, et al

Citation:
23-12847 (11th Circuit, Jul 08,2025) Published
Case Status:
Affirmed
Ruling:
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.
Tag(s):

Johnston v. Court-Appointed Receiver

Citation:
23-7932-cv (2nd Circuit, Jul 02,2025) Not Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Chin, Merriam & Kahn
Tag(s):

United States v. Colasuonno

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 11 months 2 weeks ago
Citation:
24-924 (2nd Circuit, May 13,2025) Not Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
For the Court
Tag(s):

Michael Dombrowski v. Legacy Mountain Homeowners Association Inc

  • Summarized by Taylor King , U.S. Bankruptcy Court, Middle District of Florida
  • 1 year 1 month ago
Citation:
24-12541 (11th Circuit, Mar 10,2025) Not Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Pryor, Brasher, Anderson
Tag(s):

Michaelson v. Wassmann (In re Promise Healthcare Group, LLC)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 1 month ago
Citation:
No. 24-2159 (3rd Circuit, Mar 03,2025) Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
RESTREPO, PORTER, and RENDELL
Tag(s):

Okorie v. Lentz

Citation:
24-60377 (5th Circuit, Feb 25,2025) Not Published
Case Status:
Affirmed
Ruling:
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:
Tag(s):

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