Now Updating
Storey Minerals v. EP Energy E&P

Summarizing by Craig Geno

Home » Bankruptcy Process and Procedure » Automatic Stay

In re: GARCIA

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 7 years 4 months ago
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

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 5 months ago
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

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 6 months ago
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.

  • Summarized by Camila Bersani , U.S. Bankruptcy Court
  • 7 years 7 months ago
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

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 7 years 7 months ago
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

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 7 years 7 months ago
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.

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 7 years 7 months ago
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):

Henry v. Danielson

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 8 months ago
Citation:
CC-17-1249-TaLLs (9th Circuit, Jun 27,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Cir. dismissed chapter 13 debtor's appeal of unspecified "orders" based on lack of jurisdiction. Debtor's pro se notice of appeal referenced various orders from prior to date of notice,...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

Schnitzel, Inc. v. Sorensen

Citation:
BAP No. NC-17-1152-FBTa (9th Circuit, Jun 15,2018) Published
Case Status:
Affirmed
Ruling:
Pawned property becomes property of the bankruptcy estate, and the pawnbroker's state-law notice regarding the pawned personal property violated the automatic stay. The BAP did not reach the issue...
Judge(s):
FARIS, BRAND, and TAYLOR, Bankruptcy Judges
Tag(s):

Valentine v. JP Morgan Chase Bank Nat'l Assoc.

Citation:
17-40710 (5th Circuit, Jun 14,2018) Not Published
Case Status:
Affirmed
Ruling:
Affirmed District Court's dismissal of a bankruptcy appeal for want of prosecution where the debtor-appellant repeatedly failed to comply with orders directing her to pay filing fees or to file the...
Judge(s):
Higginbotham, Jones, and Smith
Tag(s):

Pages

About us in numbers

3931 in the system

3807 Summarized

2 Being Processed