Home » Bankruptcy Process and Procedure » Automatic Stay

Bank of America, N.A. v. LSSR, LLC (In re LSSR, LLC)

Citation:
BAP No. CC-12-1636-DKiTA
Ruling:
The Bankruptcy Appellate Panel (BAP) affirmed a bankruptcy court's denial without prejudice of an unsecured creditor's motion for stay relief (Motion) for failure to properly serve the Motion on...
Judge(s):
Dunn, Kirscher, Taylor
Tag(s):

Ly v. Che (In re Ly)

Citation:
BAP No. CC-12-1395-DKiTa
Ruling:
BAP affirmed the Bankruptcy Court holding that a colorable claim exists when party moving for Relief From Stay for cause has previously obtained a state court default judgment declaring the...
Judge(s):
DUNN, KIRSCHER, and TAYLOR, Bankruptcy Judges
Tag(s):

The Majestic Star Casino, LLC v. Barden Development, Inc. (In re The Majestic Star Casino, LLC)

  • Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
  • 11 years 7 months ago
Citation:
Nos. 12-3200/3201 (3d Cir., May 21, 2013)
Ruling:
Debtor lacked standing to challenge non-debtor parent/shareholder's revocation of election of S Corp status. Rejecting cases from other circuits, the Third Circuit found that S Corp status is not...
Judge(s):
Ambro, Jordan, and Vanaskie
Tag(s):

Weber v. SEFCU (In re Weber)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 11 years 8 months ago
Citation:
Docket No. 12-1632-bk (2nd Cir. May 8, 2013)
Ruling:
AFFIRMED District Court and held that failing to deliver repossessed vehicle to the debtor promptly after receiving notice of pending petition constituted willful violation of the automatic stay...
Judge(s):
Circuit Judges Cabranes, Raggi, and Carney (Decision by Susan L. Carney).
Tag(s):

Owens v. GMAC Mortgage, LLC (In re Owens)

  • Summarized by Jennifer Kimble , Eversheds Sutherland
  • 11 years 8 months ago
Citation:
Owens v. GMAC Mortgage, LLC (In re Owens), Case No.12-15142 (11th Cir. April 29, 2013) (unpublished) (per curiam)
Ruling:
If an appellant intends to urge on appeal that a finding or conclusion is unsupported by evidence or is contrary to the evidence, the appellant must include in the record a transcript of all...
Judge(s):
Tjoflat, Pryor and Kravitch
Tag(s):

Pinpoint IT Services, LLC v. Atlas IT Export, LLC (In re Atlas IT Export, LLC)

  • Summarized by David Baker , Law Office of David G. Baker
  • 11 years 8 months ago
Citation:
1st Cir. BAP No. PR 12-073
Ruling:
The appeal was dismissed for lack of standing on the part of the appellant since it could not demonstrate that it was in any way "aggrieved" by the bankruptcy court's grant of relief from the...
Judge(s):
Haines (author), Feeney and Hoffman.
Tag(s):

Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.)

  • Summarized by Cassandra Porter , Cognizant Technology Solutions
  • 11 years 9 months ago
Citation:
11-4376
Ruling:
Second circuit upheld decisions of bankruptcy court and district court recognizing that Fairfield Sentry Limited ("Sentry") had its center of main intest ("COMI") in the British Virgin Islands...
Judge(s):
Jacobs, Chief Judge; Winter, Circuit Judge; Swain District Judge
Tag(s):

Arroyo v. Scotiabank de Puerto Rico (In re Arroyo)

  • Summarized by William Amann , Amann Burnett, PLLC
  • 11 years 9 months ago
Citation:
BAP No. PR 12-045
Ruling:
Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the...
Judge(s):
Haines, Feeney and Hoffman
Tag(s):

In re Creekside Senior Apartments, L.P.

  • Summarized by Brian Meldrum , Kaplan Johnson Abate & Bird
  • 11 years 9 months ago
Citation:
No. 13b0001p.06, 2013 FED App.0001P (B.A.P. 6th Cir. Mar 15 2013)
Ruling:
Bankruptcy Court did not abuse its discretion in dismissing Chapter 11 cases for "cause" pursuant to Section 1112(b) where it projected negative net cash flow through 2020, ceased making adequate...
Judge(s):
Harris, Humphrey, Preston
Tag(s):

Rajala v. Gardner

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 10 months ago
Citation:
Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)
Ruling:
The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who...
Judge(s):
Kelly, Murphy, and Tymkovich
Tag(s):

Pages

Bankruptcy News

Cobalt Miner Jervois in Rescue Deal to Better Compete with China

WSJ Pro Bankruptcy: Four Defining Themes in Corporate Restructuring in 2024

Do Kwon Pleads Not Guilty to U.S. Charges Over Terra Collapse

TGI Fridays Ex-CEO Blanchette To Take Over Chain’s Management

Diamond Sports Group Formally Emerges From Bankruptcy, Rebrands

About us in numbers

3743 in the system

3626 Summarized

0 Being Processed