Home » Bankruptcy Process and Procedure » Automatic Stay

Karen Michele Rozier v. U.S. Bank N.A. (In re Rozier)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 6 months ago
Citation:
In re Rozier, BAP No. CC-12-1359-KiPaD (BAP 9th Cir. August 19, 2013)
Ruling:
Ninth Circuit BAP affirmed U.S. Bankruptcy Court for the Central District of California (J. Bauer) grant of relief from stay for cause pursuant to 11 USC 362(d)(1) over objection of Chapter 7...
Judge(s):
Kirscher, Pappas, Dunn
Tag(s):

Randall L. Seaver, Trustee v. New Buffalo Auto Sales (In re Hecker)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 7 months ago
Citation:
No. 13-6005, --- B.R. --- (B.A.P. 8th Cir. Aug. 8, 2013)
Ruling:
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (the “BAP”) held that (1) a junior lienholder lacked a cognizable injury...
Judge(s):
Federman, Chief Judge, Saladino and Nail, Bankruptcy Judges.
Tag(s):

Nolan A. Smith v. The Bank of New York Mellon (In re Ceralde)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 12 years 7 months ago
Citation:
Nolan A. Smith v. The Bank of New York Mellon (In re Ceralde) - B.R. - (9th Circuit B.A.P. August 6, 2013) (NOT FOR PUBLICATION)
Ruling:
(NOT FOR PUBLICATION) The Bankruptcy Appeal Panel held it was not abuse of discretion for the bankruptcy court to annul the automatic stay because the bankruptcy court properly applied the...
Judge(s):
COLLINS, DUNN and KIRSCHER, Bankruptcy Judges
Tag(s):

Szanto v. Lewin (In re Lewin)

  • Summarized by Sevan Gorginian , ArentFox Schiff LLP
  • 12 years 8 months ago
Citation:
In re Lewin, BAP No. CC-12-1238-PaDKi (9th Cir. BAP, July 3, 2013) (Not for publication)
Ruling:
The 9th Circuit BAP VACATED and REMANDED the Bankruptcy Court Order, holding that appellant is a valid creditor in the debtor's bankruptcy case based upon holding a valid cause of action against...
Judge(s):
PAPPAS, DUNN, AND KIRSCHER, Bankruptcy Judges
Tag(s):

Garden v. Central Nebraska Housing Corp.

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 12 years 8 months ago
Citation:
Garden v. Central Nebraska Housing Corp., et al., No. 12-2344, --- F.3rd ----, 2013 WL 3214982 (8th Cir. Jun. 27, 2013)
Ruling:
AFFIRMING the District Court's decision granting Debtors' motion for partial summary judgment, reducing mortgagee's secured claim as to attorney's fees and related costs and awarding sanctions...
Judge(s):
Wollman, Gruender, Shepherd
Tag(s):

In re DeSouza

  • Summarized by David Baker , Law Office of David G. Baker
  • 12 years 9 months ago
Citation:
BAP No. MW12-091
Ruling:
BAP REVERSED and remanded, holding that post-petition divorce court orders for alimony did not violate the automatic stay in a chapter 13 case, but when the debtor was found in contempt and...
Judge(s):
Deasy, Kornreich and Tester.
Tag(s):

Fadel v. DCB United LLC (In re Fadel)

  • Summarized by Mark Hudson , Schian Walker, PLC
  • 12 years 9 months ago
Citation:
Not available
Ruling:
The Ninth Circuit BAP AFFIRMED the Bankruptcy Court granting of relief from the automatic stay to permit a purchaser at foreclosure sale to pursue a forcible detainer action against the debtor in...
Judge(s):
Kircher, Dunn and Markell (BAP Ninth Circuit)
Tag(s):

Goldenberg v. Deutsche Bank National Trust Co. (In re Papazov)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 12 years 9 months ago
Citation:
Goldenberg v. Deutsche Bank National Trust Co. (Unpublished) (In re Papazov) (BAP 9th Cir May 30, 2013)
Ruling:
The Bankruptcy Court did not abuse its discretion in denying Appellant, Goldenberg Family Trust ("Goldenberg") a Motion to Reopen and a Motion for Injunctive Relief. The Bankruptcy Court denied the...
Judge(s):
Kirscher, Clement, and Dunn, Bankruptcy Judges.
Tag(s):

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):

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