Home » Bankruptcy Process and Procedure » Automatic Stay

Cowin v. Countrywide Home Loans, Inc. (In the Matter of Cowin)

Citation:
15-20600, 16-20100 (consolidated) (5th Circuit, Jul 18,2017) Published
Case Status:
Affirmed
Ruling:
1. Trial evidence that debtor (Corwin) cause companies that he controlled to use contracts containing language contrary to Texas tax lien foreclosure law was sufficient to establish that Corwin had...
Judge(s):
WIENER, CLEMENT, HIGGINSON
Tag(s):

Hujazi v. Schoenmann

Citation:
NC-15-1206-BSKu (9th Circuit, Jul 12,2017) Not Published
Case Status:
Affirmed
Ruling:
Debtor in a involuntary Chapter 7 bankruptcy lacked standing to argue that the Chapter 11 trustee for a business trust formerly owned by the debtor (the "Other Trustee") violated the automatic stay...
Judge(s):
BRAND, SPRAKER (Chief Bankruptcy Judge, D. Alaska, sitting by designation), KURTZ
Tag(s):

Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 7 years 7 months ago
Citation:
No. 16-1681 (4th Circuit, Jun 12,2017) Published
Case Status:
Affirmed
Ruling:
As to the threshold requirements of Rule 60(b), the court found that Wells failed to timely file its motion and that granting relief to Wells would prejudice the bona fide purchaser at the...
Judge(s):
Before Judges Niemeyer, King, and Duncan, Circuit Judges.
Tag(s):

In re Ross

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 7 years 7 months ago
Citation:
No. 15-2222 (In re Ross, 2017 U.S. App. LEXIS 10236 (3d Cir. Pa. June 8, 2017) (3rd Circuit, Jun 06,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court has the general authority to impose a filing injunction after a chapter 13 debtor moves for voluntary dismissal under 11 U.S.C.S. § 1307(b). However, the injunction imposed...
Judge(s):
VANASKIE, KRAUSE, and NYGAARD
Tag(s):

Novoa v. Minjarez (In the Matter of Novoa)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
  • 7 years 7 months ago
Citation:
No. 16-50955 (5th Circuit, Jun 05,2017) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the bankruptcy court's denial of his motion to reopen his Chapter 7 bankruptcy so that he could file a Rule 60(b)(4) motion to vacate a previously uncontested lift stay...
Judge(s):
REAVLEY, HAYNES, and COSTA (per curiam)
Tag(s):

U.S.A. v. Kerr-McGee Corp. (In re Tronox Inc.)

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 7 years 8 months ago
Citation:
16-343, 2017WL1403001 (2nd Circuit, Apr 20,2017) Published
Case Status:
Dismissed
Ruling:
a.) Claims derived through a debtor are estate property which only a trustee can assert; b.) District Court order on a contempt motion which enforced existing injunction but made no contempt...
Judge(s):
Kearse, Wesley and Droney
Tag(s):

Brown Media Corp. v. K&L Gates, LLP

  • Summarized by Jin Kim , Allen & Overy LLP
  • 7 years 8 months ago
Citation:
15-4185-cv (2nd Circuit, Apr 14,2017) Not Published
Case Status:
Reversed
Ruling:
The 2nd Cir Ct of App held that res judicata did not bar plaintiff claims of breach of fiduciary duty, tortious interference and fraud against defendant law firm in connection with plaintiff’s...
Judge(s):
Hall, Livingston, Circuit Judges, and Garaufis, District Judge, sitting by designation
Tag(s):

Windscheffel v. Montebello Unified School District (In re Windscheffel

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 8 months ago
Citation:
BAP No. CC-16-1303-FLKu (9th Circuit, Apr 03,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court's (C.D. Cal.) dismissal of debtor's chapter 11 case for bad faith, finding no error in application of judicially-created bad faith tests, rather than...
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

Lansaw v. Zokaites

Citation:
16-1867 (3rd Circuit, Apr 10,2017) Published
Case Status:
Affirmed
Ruling:
Section 362(k)(1) provides "an individual injured by any willful violation of [the automatic] stay shall recover actual damages, including costs and attorneys' fees and, in appropriate...
Judge(s):
Fisher, Krause, and Melloy (sitting by designation)
Tag(s):

Dingley v. Yellow Logistics, LLC (In re Dingley)

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 7 years 9 months ago
Citation:
Case No. 14-60055; BA:P Case No. 13-1261 (9th Circuit, Apr 03,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed BAP's holding that pursuing a civil contempt proceeding is exempt from the automatic stay where the contempt proceedings are in furtherance of the court's public policy interest in...
Judge(s):
Ronald M. Gould, Richard R. Clifton, Paul J. Watford
Tag(s):

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