Home » Bankruptcy Process and Procedure » Automatic Stay

Ozenne v. Chase Manhattan Bank (In re Ozenne)

  • Summarized by Jeffrey Coe , Mesch Clark Rothschild
  • 9 years 4 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):

Halloum v. Kasolas (In re Halloum)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 5 months ago
Citation:
BAP No. EC-15-1401-JuKuMa (BAP 9th Cir. Oct. 27, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (E.D. Ca.) denying chapter 7 debtors' motion for leave to sue the chapter 7 trustee. The bankruptcy court correctly applied...
Judge(s):
Jury, Kurtz, Martin
Tag(s):

Cottle v. AZ Corp. Commission (In re Cottle)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 5 months ago
Citation:
BAP No. AZ-16-1078-JuFL (BAP 9th Cir. Oct. 17, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP...
Judge(s):
Jury, Faris, Lafferty
Tag(s):

Kvassay v. Kvassay (In re Kvassay)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 5 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1420-KiTaKu (October 6, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling denying Peter E. Kvassay ("Debtor") motion for order to show cause why Robert V. Kvassay ("Creditor") should not be sanctioned...
Judge(s):
Honorable KIRSCHER, TAYLOR and KURTZ
Tag(s):

Rindlesbach v. Jones (In re Rindlesbach)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 7 months ago
Citation:
Rindlesbach v. Jones, et al. (In re Rindlesbach), Case No. 15-4088 (10th Cir. August 30, 2016). Unpublished
Ruling:
A person must be aggrieved by a bankruptcy court order to be able to seek appellate review of that order and to be aggrieved, that person’s rights or interests must be directly and adversely...
Judge(s):
Hartz, O’Brien, Phillips
Tag(s):

Green v. Traditional Heritage Village Homeowners Association, Inc. (In the Matter of Green)

Citation:
Green v. Traditional Heritage Village Homeowners Ass'n, Inc. (In the Matter of Green), Case No. 15-10872 (5th Cir. Aug. 16, 2016) (per curiam).
Ruling:
Appellant's appeal of the district court's denial of his request for a stay while he appealed bankruptcy court's order to district court was dismissed as moot after the district court dismissed...
Judge(s):
King, Clement, Owen
Tag(s):

State of Florida Department of Revenue v. Gonzalez (In re Gonzalez)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 9 years 7 months ago
Citation:
--- F.3d ---- (11th Cir. 2016)
Ruling:
Exception to automatic stay under section 362(b)(2)(C) for withholding for payment of a domestic support obligation does not trump binding effect of confirmed chapter 13 plan per section 1327(a). ...
Judge(s):
JORDAN, ROSENBAUM, and SILER,* Circuit Judges. *Judge Eugene E. Siler, Jr., Circuit Judge for the Sixth Circuit, sitting by designation.
Tag(s):

Utzman v. Suntrust Mortgage, Inc. (In re Utzman)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 7 months ago
Citation:
NC-15-1331-TAJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying motion from chapter 11 debtors for reconsideration of an order granting stay relief for cause, including...
Judge(s):
Taylor, Jury, Kirscher
Tag(s):

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