Next Level Properties, LLC v. Carbonell (In re Carbonell)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 4 months ago

Citation:

BAP No. WW-23-1039-BGC (9th Circuit, Aug 08,2023) Not Published

Case Status:

Dismissed

Ruling:

The U.S. Bankruptcy Appellate Panel for the Ninth Circuit dismissed an appeal of an order denying relief from the automatic stay to complete a foreclosure sale as constitutionally moot. No live...

Judge(s):

BRAND, GAN, and CORBIT

Tag(s):

• 9th Circuit
• Automatic Stay
• Plan Confirmation
• Venue/Jurisdiction
• Consumer Bankruptcy
• 11 U.S.C. 362(d)(1) and (2)

In re: JILL SUZANN MEDLEY

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 1 year 10 months ago

Citation:

CC-22-1167-FLC (BAP) (9th Circuit, Feb 13,2023) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy court did not err in concluding that creditor was a secured creditor and that its attempts to collect a real estate commission claimed by chapter 13 debtor violated the automatic stay.

Judge(s):

Faris, Lafferty, Corbit

Tag(s):

• 9th Circuit
• Automatic Stay
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C § 362
• 11 U.S.C § 105

In re: JILL SUZANN MEDLEY

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 10 months ago

Citation:

22-1167 (9th Circuit, Feb 13,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the oral and written rulings of the U.S. Bankruptcy Court for the Central District of California (BC) determining that...

Judge(s):

Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Real Estate
• Small Business
• Fed. R. Bankr. P. 7001(2)
• 11 U.S.C § 362(a)(3); 11 U.S.C § 362(a)(6); 11 U.S.C § 362(k)

In re TRIANGLE CAYMAN ASSET COMPANY

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 2 months ago

Citation:

19-1251, 19-1786, 20-1284 (1st Circuit, Oct 24,2022) Published

Case Status:

Affirmed

Ruling:

In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...

Judge(s):

Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Court Administration
• Financial Advisors
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• International Insolvency
• Investment Banking
• Lender Liability
• Mass Torts
• Municipal Bankruptcy
• Public Companies and Claims Trading
• Puerto Rico
• Real Estate
• Retail
• Small Business
• Turnaround Issues

IN RE: JOSEPH C SHEEHAN

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 years 4 months ago

Citation:

21-2946 & 21-2954 (7th Circuit, Sep 07,2021) Published

Case Status:

Affirmed

Ruling:

A bankruptcy court's in rem jurisdiction is insufficient to establish personal jurisdiction over foreign defendants, and the automatic stay of 11 U.S.C. § 362(a) is unenforceable if the bankruptcy...

Judge(s):

RIPPLE, ROVNER, and KIRSCH

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Venue/Jurisdiction
• 7012 (Fed. R. Civ. P. 12(b)(2))
• 362(a)

IN RE: JOSEPH C. SHEEHAN

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 3 months ago

Citation:

21-2946 & 21-2954 (7th Circuit, Sep 07,2022) Published

Case Status:

Affirmed

Ruling:

Agreeing with the U.S. Bankruptcy and District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit found bankruptcy in rem jurisdiction...

Judge(s):

Kenneth F. Ripple; Ilana K.D. Rovner; and Thomas L. Kirsch II

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Finance and Banking
• International Insolvency
• Lender Liability
• Real Estate
• Fed. R. Bankr. P. 7012
• 11 U.S.C § 362

In re: CENSO, LLC

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 9 months ago

Citation:

21-1125 (9th Circuit, Apr 05,2022) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) found a post-petition order of the U.S. District Court for the District of Nevada (DC) deeming a predecessor-in-interest to Censo LLC...

Judge(s):

William J. Lafferty III; Laura S. Taylor; and Robert J. Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Finance and Banking
• Investment Banking
• Lender Liability
• Real Estate
• Fed. R. Bankr. P. 7012
• 11 U.S.C. § 362(a)(1); 11 U.S.C. § 362(a)(3); 11 U.S.C. § 362(a)(4); 11 U.S.C. § 362(a)(5)

In re Michelle Dougherty-Kelsay

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 2 years 9 months ago

Citation:

19-8013, 2022 WL 830907 (6th Circuit, Mar 21,2022) Published

Case Status:

Affirmed

Ruling:

Creditor did not violate stay by seeking state court award of child support but did violate stay by asking state court to order Debtor to pay without limiting source of payment to post-petition...

Judge(s):

Dales, Mashburn and Price Smith

Tag(s):

• 6th Circuit
• Automatic Stay
• Consumer Bankruptcy
• Family/Divorce Issues
• 11 U.S.C § 362

In re- PATRICK JOSEPH GAVIN

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 9 months ago

Citation:

21-1130 (9th Circuit, Mar 14,2022) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decisions of the U.S. Bankruptcy Court for the Northern District of California (BC): (1) denying motions for a case's...

Judge(s):

Gary A. Spraker; Scott H. Gan; and Julia W. Brand

Tag(s):

• 9th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Court Administration
• Fraud
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Lender Liability
• Fed. R. Bankr. P. 9011
• 11 U.S.C. § 105(a); 11 U.S.C. § 109(e); 11 U.S.C. § 362; 11 U.S.C. § 1307(c); 11 U.S.C. § 1307(d)

In re- BLACK GOLD S.A.R.L.

• Summarized by Michael Myers , Ballard Spahr LLP
• 2 years 10 months ago

Citation:

BAP No. NC-21-1068-BGT (9th Circuit, Feb 17,2022) Published

Case Status:

Reversed

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel (BAP) reversed the bankruptcy court's order denying recognition of a Monaco insolvency proceeding under section 1501 based on the misconduct and bad...

Judge(s):

BRAND, GAN, and TAYLOR

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Automatic Stay
• Professional Practice Areas
• International Insolvency

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