Flanders v. Lawrence, et al. (In re Flanders), Case No. CO-14-055 (10th Cir. BAP August 5, 2015). Unpublished.
Ruling:
While the Rooker-Feldman doctrine did not prevent the bankruptcy court from exercising jurisdiction over debtor’s claim against the defendants’ for violation of the discharge injunction since...
Mandatory Victims Restitution Act (MVRA) overrides the operation of the automatic stay. MVRA provides that "[n]otwithstanding any other Federal law, ... [the United States may enforce a judgment...
Rael v. Wells Fargo Bank (In re Rael), BAP No. WY-14-035 (10th Cir. BAP February 27, 2015)
Ruling:
Creditor did not violate the stay or the terms of the individual debtors' confirmed chapter 11 plan when it sought to enforce its preserved lien rights in state court rather than returning to the...
The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's...
Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 3 weeks ago
Citation:
File name 15a0295n.06; Docket No. 14-5633
Ruling:
Affirming the Bankruptcy Appellate Panel (BAP), the Court of Appeals held that the automatic stay was properly annulled based on the debtor's lack of good faith and failure to adequately protect...
Nos. SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full disclosure, APJL could...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 2 months ago
Citation:
Lei v. Yan (In re Yan), 9th Cir. B.A.P (NC-14-1266-JuTaPa), February 26, 2015 [Not for Publication]
Ruling:
In an unpublished opinion the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court’s denial of creditor motion seeking damages for violations of the automatic stay under...
Chesley v. RWW Properties, LLC (In re Chesley), BAP No. NC-14-1070-JuTaPa (B.A.P. 9th Cir. Feb. 26, 2015) (NOT FOR PUBLICATION)
Ruling:
AFFIRMING the bankruptcy court's order denying debtor's motion for reconsideration, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not abuse its discretion...
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court. Rule 7004(b)(9) Fed.R.Bankr.P. provides that service of a motion for stay...
AFFIRMED. The Debtor did not provide evidence demonstrating her ability to reorganize within a reasonable time and failed to satisfy her burden under § 362(d)(2)(B). A debtor’s burden under...
