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Summarizing by Danielle Scott

Home » Bankruptcy Process and Procedure » Automatic Stay

Castellanos Group Law Firm, L.L.C v. Federal Deposit Insurance Corp.

Citation:
2015-0036 (1st Cir. BAP February 17,2016) (MJS Las Croabas Properties, Inc a/k/a Ocean Club at Seven Seas)BAP NO. 15-036 Bankr. Case No12-05710ESL
Ruling:
On a decision for publication, the BAP affirmed the imposition of sanctions against the law firm under 28 U.S.C. §1927.
Judge(s):
Feeney, Deasy, and Cary
Tag(s):

Mayor, et al. v. Wolkowitz (In re Cinevision International, Inc.)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 10 years 3 weeks ago
Citation:
9th Cir BAP No. CC-15-1227-FCTa (Feb. 17, 2016) (unpublished)
Ruling:
Bankruptcy court properly awarded Chapter 7 Trustee sanctions of $99,745.24 against principals of Debtor corporation under Section 105(a) and 542 for violating the stay and refusing to turnover...
Judge(s):
FARIS, CORBIT, and TAYLOR
Tag(s):

Krueger v. Torres (In re Krueger)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 10 years 1 month ago
Citation:
No. 14-11355, fifth Circuit Court of Appeals
Ruling:
Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant...
Judge(s):
HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
Tag(s):

Eden Place, LLC v. Sholem Perl (In re Sholem Perl)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 10 years 2 months ago
Citation:
Eden Place, LLC v. Perl (In re Perl), No. 14-60039, --- F.3d --- (9th Cir. Jan. 8, 2016)
Ruling:
Reversing the Bankruptcy Court, the Ninth Circuit held that an entity that had purchased the debtor's real property through a non-judicial foreclosure sale did not violate the automatic stay by...
Judge(s):
Susan P. Graber, Johnnie B. Rawlinson, and Paul J. Watford, Circuit Judges
Tag(s):

Lavenhar v. First American Title Insurance Co. (In re Lavenhar)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 2 months ago
Citation:
Lavenhar v. First American Title Insurance Co. (In re Lavenhar), Case No. 14-1391 (10th Cir. July 29, 2014). Published.
Ruling:
A chapter 7 trustee has the sole power to bring a fraudulent conveyance action but a creditor is a party in interest entitled to object to another creditor’s claim.
Judge(s):
Briscoe, Murphy, Gorsuch (Murphy)
Tag(s):

In re Martin, Sr.

  • Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
  • 10 years 2 months ago
Citation:
In re Martin (6th Cir. BAP Dec. 16, 2015)
Ruling:
Bankruptcy court did not err in granting creditor stay relief to continue litigation against the Debtor in pending state court action. Applying the factors set forth in In re Sonnax Industries,...
Judge(s):
Delk, Harrison and Lloyd
Tag(s):

Reliance Steel & Aluminum Co. v. Locklin (In re Locklin)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 3 months ago
Citation:
9th Cir. BAP Case No. CC-15-1008-KuFKi and CC-14-1446-KuFKi (December 7, 2015)
Ruling:
in the unpublished decision, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's award of damages for Reliance Steel & Aluminum, Co. ("Reliance") and Reliance's...
Judge(s):
Honorable KURTZ, FARIS and KIRSCHER.
Tag(s):

Dampier, Jr. v. Credit Investment, Inc., et al (in re Dampier)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 4 months ago
Citation:
Dampier, Jr. v. Credit Investments, Inc., et al. (In re Dampier, Jr.) Case No. CO-15-006 (BAP 10th Cir. November 5, 2015). Unpublished.
Ruling:
Bankruptcy court has exclusive jurisdiction to determine the dischargeability of a state court judgment but the bankruptcy court and state court have concurrent jurisdiction to determine the...
Judge(s):
Thurman, Jacobvitz, Hall (Thurman)
Tag(s):

Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 4 months ago
Citation:
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of...
Judge(s):
Taylor, Dunn, Jury
Tag(s):

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