Bank of New York Mellon v. 732 Hardy Way Trust

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 9 months ago

Citation:

19-17048 (9th Circuit, Jun 25,2021) Published

Case Status:

Reversed and Remanded

Ruling:

A homeowners' association foreclosure sale that violates the automatic stay (11 U.S.C. § 362(a)) is void under Nevada law, and the holder of a deed of trust that was extinguished by the HOA's...

Judge(s):

Johnnie B. Rawlinson, Danielle J. Forrest, and Lawrence VanDyke, Circuit Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Mortgage
• 362(a)

In re Khabushani

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 9 months ago

Citation:

20-1243 (9th Circuit, Jun 22,2021) Not Published

Case Status:

Reversed

Ruling:

In this one of two related opinions, the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) reversed the decision of the U.S. Bankruptcy Court for the Central District of California (BC) to...

Judge(s):

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

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Finance and Banking
• Small Business
• Fed. R. Bankr. P. 4001; Fed. R. Bankr. P. 9014
• 11 U.S.C. § 727; 11 U.S.C. § 523(a)(6); 11 U.S.C. § 362(a)(1)
• (2)
• (6)
• (c); 28 U.S.C. § 157; 28 U.S.C. § 1334

Loughran v. Wells Fargo Bank, N.A.

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 9 months ago

Citation:

19-3530 (7th Circuit, Jun 22,2021) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Seventh Circuit (Panel) (1) asserted its appellate jurisdiction to review a stay of district-court proceedings under 28 U.S.C. § 1291 and (2) affirmed the...

Judge(s):

Diane S. Wood; David F. Hamilton; and Frank H. Easterbrook

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Finance and Banking

In re Nathaneil Basola Sobayo

• Summarized by Lars Fuller , BakerHostetler
• 1 year 9 months ago

Citation:

BAP No. NC-20-1151-BSG (9th Circuit, Jun 09,2021) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed bankruptcy court (ND Cal.) dismissed debtor's adversary complaint against foreclosing creditors and their attorney for willful violation of automatic stay. Real property...

Judge(s):

Brand, Spraker, Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Real Estate
• Fed. R. Bankr. P. 7012
• 11 U.S.C. § 362

In re Ronald Smith

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 1 year 9 months ago

Citation:

20-3150 (6th Circuit, Jun 09,2021) Published

Case Status:

Reversed and Remanded

Ruling:

The Court of Appeals reversed the order vacating the dismissal of the debtor's Chapter 13 case and remanded to the Bankruptcy Court with instructions to dismiss the case. The Court based its ruling...

Judge(s):

Gibbons, Kethledge and Murphy; Opinion by Kethledge

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• FRBP 9024; FRCP 60(b)

In re Censo, LLC

• Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
• 1 year 10 months ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. NV-20-1240-FLT (9th Circuit, May 28,2021) Not Published

Case Status:

Affirmed

Ruling:

Debtor's Notice of Appeal only attached the order denying Debtor's motion for reconsideration. Therefore, the BAP's ruling was limited to only the reconsideration order and not the prior stay...

Judge(s):

Honorable Faris, Lafferty, and Taylor, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Plan Confirmation
• Valuation
• Real Estate
• Rule 9023
• 11 U.S.C. § 362

Rick Warren v. Alexander Bednar

• Summarized by Sarah Tomlinson , U.S. Bankruptcy Court for the Eastern District of Missouri
• 1 year 11 months ago

Citation:

United States Bankruptcy Appellate Panel of the Tenth Circuit BAP Nos. WO-20-041; WO-20-042 (10th Circuit, Apr 27,2021) Not Published

Case Status:

Reversed and Remanded

Ruling:

The BAP reversed the bankruptcy court's decision which denied the creditors' request to garnish funds held by the Chapter 13 Trustee post-dismissal, and the BAP remanded the matter to allow the...

Judge(s):

The Hons. Romero, Somers, and Parker

Tag(s):

• 10th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Consumer Bankruptcy
• 11 U.S.C. § 362(c)(4)(A)(i); 11 U.S.C. § 1326(a)(2)

In re Donald Kupperstein

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 11 months ago

Citation:

20-1472 (1st Circuit, Apr 22,2021) Published

Case Status:

Affirmed

Ruling:

Affirming the U.S. Bankruptcy Court for the District of Massachusetts (BC), the U.S. Court of Appeals for the First Circuit (Circuit) for the first time formally extended its preexisting...

Judge(s):

Jeffrey R. Howard; Kermit V. Lipez; and Ojetta Rogeriee Thompson

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Court Administration
• Ethics
• Fraud
• Practice and Procedure
• Valuation
• Consumer Bankruptcy
• Consumer Debt
• Predatory Lending
• Govt. Claims/Sovereign Immunity
• Real Estate
• Fed. R. Bankr. P. 4001
• 11 U.S.C. § 362(a)
• 11 U.S.C. § 362(b)(4)
• 11 U.S.C. § 362(k)

In re Donald Henderson Scott

• Summarized by Lars Fuller , BakerHostetler
• 1 year 11 months ago

Citation:

No. 20-6024 (8th Circuit, Apr 16,2021) Published

Case Status:

Affirmed

Ruling:

BAP for 8th Circuit affirmed ruling of bankruptcy court (WD Missouri - KC) denying debtors' motions for (1) sanctions against attorney for creditor; (2) to alter or amend the order denying the...

Judge(s):

Nail, Schermer, Saladino

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 9011
• 11 U.S.C. 362(a)

In re Borsotti

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 6 days ago

Citation:

19-1193 (9th Circuit, Mar 23,2021) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the orders granting relief from the automatic stay and dismissing his case issued by the U.S. Bankruptcy Court for the...

Judge(s):

Robert J. Faris; Gary A. Spraker; and Scott H. Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Fraud
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• 11 U.S.C. § 1307(c)
• 11 U.S.C. § 362(d)(1)
• 11 U.S.C. § 362(d)(4)

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