14a0791n.06; Case No. 13-2492; Not recommended for full-text publication
Ruling:
Sixth Circuit affirmed District Court's grant of a Fed. R. Civ. P. 12(b)(6) motion by mortgagee's counsel to dismiss an action filed by mortgagors against mortgagee's counsel under the Fair Debt...
Carson v. U.S. Bank, N.A. (In re Carlson), No. 14-6024 (BAP 8th Cir. October 17, 2014)
Ruling:
The 8th Circuit BAP affirmed the rulings of the U.S. Bankruptcy Court for the District of Minnesota denying debtors' motion for violation of automatic stay, violation of homestead exemption,...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
11 years 6 months ago
Citation:
Richardson v. Koch Law Firm, P.C No. 12-3868
Ruling:
Court of Appeals Holding:
Since the State Court vacated the initial default judgment, justification for the District Court’s dismissal under Rooker-Feldman no longer exists. Additionally,...
No. 13-3543, Slip Op. (3rd Cir. September 26, 2014)
Ruling:
Where a debtor avoids a fraudulent transfer and obtains a recovery order, it has sufficiently "recovered" those funds such that they are part of the debtor's estate under the Bankruptcy Code.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 6 months ago
Citation:
Matter of Snowden, No. 13-35291 (9th Cir. Sep. 12, 2014).
Ruling:
For an automatic stay violation, the chapter 7 debtor was entitled to receive emotional distress damages, punitive damages, and attorney fees incurred to end the violation, but not fees incurred...
Judge(s):
Alfred T. Goodwin, M. Margaret McKeown, and Paul J. Watford, Circuit Judges.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 6 months ago
Citation:
USA v. Robinson, Jr. (In re Robinson, Jr.)., 6th Cir. Court of Appeals, (No. 13-5857), August 22, 2014
Ruling:
The 6th Circuit Court of Appeals affirmed the district court’s judgment that 18 U.S.C. § 3613 supersedes the automatic stay and allows the government to enforce restitution orders against...
Judge(s):
COLE, Chief Judge; GRIFFIN, Circuit Judge; PEARSON, District Judge.
Cruz v. Stein Strauss Trust (In re Cruz) 9th Cir. BAP Case No. CC-13-1554-KiTaD (August 29, 2014)
Ruling:
Stein Strauss Trust #1361 (“SS Trust”) was a party-in-interest based on its pecuniary interest; therefore, it was a real party in interest. The Property was not property of the estate, but it...
America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) Case No. 12-60052 (9th Cir. CA August 29, 2014)
Ruling:
Judge Huck delivered the Opinion of the majority. Legal fees incurred defending an appeal by a creditor previously determined to have violated the automatic stay are included in § 362(k)(1)'s...
Judge(s):
J. Clifford Wallace and Ronald M. Gould, Circuit Judges, and Paul C. Huck, Senior District Judge (for the U.S. District Court for the Southern District of Florida, sitting by designation)
The Ninth Circuit panel determined, as a matter of law, that Wells Fargo Bank was not liable for sanctions for intentional violation of stay for placing a "temporary administrative pledge" on four...
Judge(s):
Silverman, B.; Fletcher, W.; Bybee, J. Opinion by Judge Bybee.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 7 months ago
Citation:
Behrens v. U.S. Bank Ntl Assoc. (In re Behrens), 8th Circuit Court of Appeals, No. 14-1038, No. 14-1041, No. 13-2700, April 14, 2014 [Unpublished]
Ruling:
In a series of unpublished per curiam opinions, the 8th Circuit Court of Appeals, affirmed the Bankruptcy Appellate Panel ruling upholding the Bankruptcy Court's order terminating the automatic...
