In REVERSING in part and AFFIRMING in part, a bankruptcy court's decision denying fees, the Bankruptcy Appellate Panel for the Ninth Circuit held that a debtor is entitled to attorney's fees as...
Judge(s):
Bankruptcy Appellate Panel Judges PAPPAS, DUNN and KRISCHER.
No. 11-60042 BAP No. 10-1334 (9th Cir. June 21, 2012)
Ruling:
Termination of the automatic stay under Section 362(h) applies to all the debtor's personal property securing a creditor's claim, rather than just the personal property scheduled as securing that...
The 6th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s judgment refusing to order damages for a violation of the automatic stay and dismissing the claim that the repossession...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 11 months ago
Citation:
Case No. 12-40122 (5th Cir. June 18, 2012)
Ruling:
Affirming the Bankruptcy Court, the Fifth Circuit held that the governmental police or regulatory power exception to the automatic stay provided in section 362(b)(4) of the Bankruptcy Code applied...
AFFIRMING the Bankruptcy Court, a three judge panel of the 10th Circuit BAP held that (1) a foreclosing creditor did not willfully violate the automatic stay by serving an amended foreclosure...
In re: Santana Cline, Case No. 11-8075 (6th Cir. BAP June 1, 2012)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit affirmed the bankruptcy court’s order dismissing the Debtor’s Chapter 13 case and imposing a two-year filing bar. Such a bar is permissible...
REVERSING the bankruptcy court's order denying the debtors' motion to avoid Commercial Bank's judicial lien, the Eighth Circuit BAP held that because both debtors' property would be exempt under...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
13 years 12 months ago
Citation:
In re Stone Resources, Inc., No. 11-2888 (3d Cir. May 29, 2012) (not precedential)
Ruling:
A District Court must review a Bankruptcy Court decision denying relief from the automatic stay under an abuse of discretion standard and cannot engage in its own fact finding when engaging in such...
Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
14 years 2 weeks ago
Citation:
BAP No. CC-11-1144-KiMkH (9th Cir. May 10, 2012)
Ruling:
Vacated and remanded the bankruptcy court's order granting a Stay Relief Order under § 362(d)(2) and granting relief under § 362(d)(4). Finding the bankruptcy court abused its discretion by...
Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
14 years 2 weeks ago
Citation:
Case No. 11-037, Bankruptcy Appellate Panel of the Tenth Circuit (the “BAP”)
Ruling:
Federal National Mortgage Association (“FNMA”) lacked standing to seek a “comfort order” that the automatic stay had been terminated pursuant to 11 U.S.C. 362(c)(3)(A). Citing In re...
