In re Inofin Inc., No. 11-11010 (B.A.P. 1st Cir. March 6, 2012)
Ruling:
The B.A.P found that the motion for relief from stay was not a final order as when relief from stay is denied because a moving party has failed to make the necessary showing of a colorable claim in...
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
13 years 11 months ago
Citation:
In re Jonathan M. Webb [No. 11-8016] (6th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel held that: (i) the doctrine of lis pendens did not preclude certain real property from becoming property of the debtor's bankruptcy estate, (ii) the...
The Tenth Circuit held that Deutsche Bank failed to establish that it was a "party in interest" for purposes of obtaining relief from the automatic stay. The Bank did not prove that it had actual...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
14 years 1 month ago
Citation:
--F.3d-- (9th Cir. 2012); case no. 10-56128
Ruling:
The Ninth Circuit Court of Appeals affirmed the holding of the U.S. District Court and reversed the Bankruptcy Court, finding that there is no "whole enterprise exception" to the application of the...
Judge(s):
The Honorable Dorothy W. Nelson, the Honorable Ronald M. Gould, and the Honorable Sandra S. Ikuta, Circuit Judges.
A secured creditor can object to a plan to protect its lien from unfavorable treatment, but a plan can be crammed down over objection provided one of three subsections of Bankruptcy Code §...
The bankruptcy court and district court properly applied the relevant Robbins factors and provided a reasoned basis for finding that each factor had been met, and therefore did not abuse its...
Judge(s):
Shedd and Duncan, Circuit Judges, and Osteen (M.D.N.C.) sitting by designation.
The United States Court of Appeals for Third Circuit affirms the United States District Court for the District of Delaware’s order affirming the Bankruptcy Court’s decision enforcing the...
Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
14 years 2 months ago
Citation:
No. 10-3654; 11-0872 (6th Cir., December 21, 2011)
Ruling:
In affirrming the lower courts' rulings, the Sixth Circuit first observed that courts are divided over whether the exception to the automatic stay of Section 362(b)(1) is absolute, or dependent on...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
14 years 2 months ago
Citation:
In re Ebell Media, Inc., No. 10-55654 (9th Cir. Dec. 19, 2011)
Ruling:
In this not-for-publication memorandum, the Ninth Circuit affirmed a bankruptcy court’s grant of stay relief—based on the corporate debtor having commenced its chapter 7 case in bad faith—to...
Judge(s):
W. Fletcher and Rawlinson, Circuit Judges, and Singleton, Senior District Judge, District of Alaska, sitting by designation
Luis A. Soto-Rios and Brenda Tosada-Arbelo v. Banco Popular De Puerto Rico, United States Court of Appeals for the First Circuit, Appeal No. 10-227 (unpublished)
Ruling:
The United States Court of Appeals, First Circuit (J. Howard) ("First Circuit") found that a mortgagee and purported secured creditor held an "interest in property" as that term is used in both 11...
