Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 9 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 9 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In re Stone Resources, Inc., No. 11-2888 (3d Cir. May 29, 2012) (not precedential)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
13 years 10 months 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
13 years 10 months 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...
Bushnell v. Bank of the West (In re Bushnell), Case No. 11-6083 (8th Cir. BAP May 8, 2012)
Ruling:
An owner of property in which the debtor has no legal or equitable interest is a party in interest in the debtor's bankruptcy case that may be entitled to seek and receive relief from the automatic...
Judge(s):
Kressel, Chief Judge, Schermer (wrote the opinion), and Federman, Bankruptcy Judges.
In re Vistacare Group, LLC, et. al., No. 11-2695 (May 4, 2012 3d Cir.) (Precedential)
Ruling:
The Third Circuit Court of Appeals held that the Barton doctrine, which requires a party seeking to sue a court-appointed receiver, to first obtain leave of the appointing court, applies to...
Cook v. Wells Fargo Bank, N.A., Case No. 04-17704 (B.A.P. 10th Cir. April 19, 2012) (unpublished)
Ruling:
The Bankruptcy Appellate Panel AFFIRMED the bankruptcy court's order stating that the debtor, Daniel William Cook, lacks standing to assert sanctions against Wells Fargo N.A. and Mr. and Mrs....
