Home » Bankruptcy Process and Procedure » Automatic Stay

Koyle v. Sand Canyon Corp.

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
No. 16-4035 (10th Circuit, Mar 31,2017) Published
Case Status:
Affirmed
Ruling:
10th Circuit affirmed the ruling of the district court (D. Utah) granting summary judgment in favor of defendants in debtor diversity suit challenging defendants' attempt to foreclose on deed of...
Judge(s):
Kelly, Briscoe, Lucero
Tag(s):

Encanto Restaurants, Inc. v. Vidal, et al

  • Summarized by William Amann , Amann Burnett, PLLC
  • 7 years 9 months ago
Citation:
Bankruptcy Case Nos. 12-08567-MCF & 12-08570-MCF (Consolidated) , Adv. Pro. No. 14-00030-MCF, BAP No. PR 16-034 (1st Circuit, Mar 21,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Encanto lacks standing to pursue an appeal from the June 2016 Order and the Judgment to the extent that those rulings denied Encanto’s requests for relief for alleged violations of § 362’s...
Judge(s):
Bankruptcy Judge Mildred Caban Flores, BAP Judges: Bailey, Harwood and Fagone
Tag(s):

County of Imperial Treasurer-Tax Collector v. Stadtmueller (In re RW Meridian LLC)

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 7 years 11 months ago
Citation:
BAP No. SC-16-1227-JuFY; Bk Case No. 16-00629 MM7 (9th Circuit, Feb 03,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed the Bankruptcy Court's ruling that the County's post-petition tax sale violated the automatic stay and was, therefore, void.
Judge(s):
JURY, FARIS and YUN
Tag(s):

Smith v. Capital One Bank (USA), N.A.

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 1 week ago
Citation:
16-1422 & 16-1423 (7th Circuit, Dec 22,2016) Published
Case Status:
Affirmed
Ruling:

The co-debtor stay shields a non-debtor only if the debtor is liable on a consumer debt along with the non-debtor and a consumer debt does not include a debt for which the debtor is not...

Judge(s):
Flaum, Kane, Magnus-Stinson (Flaum)
Tag(s):

Marques v. Joseph (In re Marques)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 1 week ago
Citation:
CC-16-1116-FPaKi (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:
9th Cir. BAP affirmed ruling of bankruptcy court (CD Cal.) granting relief from stay to creditor to proceed with foreclosure against chapter 7 debtor/appellant. BK court properly confirmed...
Judge(s):
Faris, Pappas, Kirscher
Tag(s):

Reed v. New York Community Bank (In re Reed)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 8 years 3 weeks ago
Citation:
CC-16-1028-DKiF (9th Circuit, Dec 02,2016) Not Published
Case Status:
Affirmed
Ruling:

In rem relief from stay was properly granted by the bankruptcy court where debtor had filed multiple cases and transferred fractional interests in residence.

Judge(s):
DUNN, KIRSCHER and FARIS
Tag(s):

Lapierre v. Advanced Medical Spa Inc. (In re Advanced Medical Spa Inc.)

  • Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
  • 8 years 1 month ago
Citation:
EC-16-1087-KuMaJu (9th Circuit, Nov 28,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

Bankruptcy court applied an incorrect standard of proof when balancing the relative harms to the parties in its denial of a stay relief motion.

Judge(s):
Kurtz, Martin, Jury
Tag(s):

Parkview Adventist Medical Center v. U.S.A.

Citation:
16-1731 (1st Circuit, Nov 29,2016) Published
Case Status:
Affirmed
Ruling:

Affirming the lower courts’ decisions, the First Circuit held that the termination by the Centers for Medicare & Medicaid Services (CMS) of their provider agreement with the debtor did not...

Judge(s):
Lynch, Stahl, and Barron
Tag(s):

Ray v. Deutsche Bank National Trust Co. (In re Ray)

  • Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
  • 8 years 1 month ago
Citation:
Ray v. Deutsche Bank National Trust Co. (In re Ray), Case No. NV-15-1137-LDoKi (9th Cir. B.A.P., Nov. 14, 2016) (unpublished)
Ruling:
Bankruptcy court did not abuse its discretion in (1) denying Appellant debtor's motion for an extension of time to file an opposition, (2) granting relief from stay to Appellee, and (3) denying...
Judge(s):
Lafferty, Dore, Kirscher
Tag(s):

Ozenne v. Chase Manhattan Bank (In re Ozenne)

  • Summarized by Jeffrey Coe , Mesch Clark Rothschild
  • 8 years 2 months ago
Citation:
Ozenne v. Chase Manhattan Bank (In re Ozenne), Case No. 11-60039 (9th Cir. Nov. 9, 2016) (en banc)
Ruling:
Sitting en banc, the Ninth Circuit vacated the BAP's order and remanded the case with instruction to dismiss the mandamus petition for lack of jurisdiction.
Judge(s):
Thomas, Kozinski, Graber, McKeown, Paez, Berzon, Callahan, Smith, Watford, Owens, Friedland
Tag(s):

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