Home » Bankruptcy Process and Procedure » Automatic Stay

Angio Dynamics, Inc. v. Biolitec, Inc.

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 11 years 4 months ago
Citation:
Docket No. 12-4364-cv (2nd Cir. January 9, 2015)
Ruling:
Non-party parent of debtor in appellate litigation was not permitted to be substituted for its subsidiary that settled underlying litigation (through its bankruptcy trustee) and dismissed appeal,...
Judge(s):
Cabranes, Hall, Chin, Circuit Judges
Tag(s):

Aguilar v. Ocwen Loan Servicing, LLC (In re Aguilar)

  • Summarized by Jon Powers , White and Williams LLP
  • 11 years 5 months ago
Citation:
BAP Nos. CC-14-1017-PaTaKu; CC-14-1073-PaTaKu (unpublished)
Ruling:
In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks standing to assert...
Judge(s):
PAPPS, TAYLOR, and KURTZ, Bankruptcy Judges.
Tag(s):

Sullivan v. Harnisch (In re Sullivan)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 5 months ago
Citation:
Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]
Ruling:
In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the...
Judge(s):
TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.
Tag(s):

Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 5 months ago
Citation:
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil...
Judge(s):
JURY, KIRSCHER, and DUNN, Bankruptcy Judges.
Tag(s):

Bugg v. Gray (In re Gray)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 11 years 6 months ago
Citation:
Bugg v. Gray (In re Gray), 2014 WL 6611089 (8th Cir. BAP November 24, 2014)
Ruling:
Bankruptcy court order awarding damages for willful violation of the automatic stay was affirmed as to actual damages but reversed as to punitive damages because there was no evidence of egregious,...
Judge(s):
Federman, Kressel, and Schermer
Tag(s):

Ellis v. Yu (In re Ellis)

  • Summarized by Jon Powers , White and Williams LLP
  • 11 years 6 months ago
Citation:
NC-14-1052-PAJuKu (B.A.P. 9th Cir. November 19, 2014)
Ruling:
The BAP panel dismissed appeal as moot. After filing the appeal, Debtor's Chapter 13 case was converted to a Chapter 7 and a discharge was entered. The BAP held it could not exercise jurisdiction...
Judge(s):
BAP Panel: Pappas, Jury, and Kurtz.
Tag(s):

Yen v. Pedroche (In re Pedroche)

Citation:
BAP No. NC-13-1618-JuKuPa (determined not to be appropriate for publication)
Ruling:
A bankruptcy court is required to hold an evidentiary hearing on whether a creditor is aware of a discharge injunction and whether the creditor is aware that the injunction applies to the...
Judge(s):
Jury, Kurtz, and Pappas.
Tag(s):

Mullin v. Wells Fargo Bank (In re Mullin)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 6 months ago
Citation:
Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed...
Judge(s):
JURY, KURTZ, and PAPPAS, Bankruptcy Judges
Tag(s):

Holt Texas v. Zayler (In the Matter of T.S.C. Seiber Services)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 11 years 6 months ago
Citation:
--- F.3d ---, Case No. 13-41153 (5th Cir. Nov. 3, 2014)
Ruling:
REVERSED judgment of the District Court: "Simply depositing interpleader funds does not automatically mean that the funds have been legally accepted, ownership thereof transferred, and the...
Judge(s):
Jolly, Southwick and Haynes; Opinion by E. Grady Jolly
Tag(s):

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