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In re Edwin Earl Elliott

Summarizing by Bradley Pearce

In re Donald and Jane Nichols

Summarizing by Lars Fuller

County of Imperial Treasurer-Tax Collector v. Stadtmueller (In re RW Meridian LLC)

Citation:
BAP No. SC-16-1227-JuFY; Bk Case No. 16-00629 MM7 (9th Circuit, Feb 03,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed the Bankruptcy Court's ruling that the County's post-petition tax sale violated the automatic stay and was, therefore, void.
Judge(s):
JURY, FARIS and YUN
Tag(s):

Smith v. Capital One Bank (USA), N.A.

Citation:
16-1422 & 16-1423 (7th Circuit, Dec 22,2016) Published
Case Status:
Affirmed
Ruling:

The co-debtor stay shields a non-debtor only if the debtor is liable on a consumer debt along with the non-debtor and a consumer debt does not include a debt for which the debtor is not...

Judge(s):
Flaum, Kane, Magnus-Stinson (Flaum)
Tag(s):

Marques v. Joseph (In re Marques)

Citation:
CC-16-1116-FPaKi (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:
9th Cir. BAP affirmed ruling of bankruptcy court (CD Cal.) granting relief from stay to creditor to proceed with foreclosure against chapter 7 debtor/appellant. BK court properly confirmed...
Judge(s):
Faris, Pappas, Kirscher
Tag(s):

Lapierre v. Advanced Medical Spa Inc. (In re Advanced Medical Spa Inc.)

Citation:
EC-16-1087-KuMaJu (9th Circuit, Nov 28,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

Bankruptcy court applied an incorrect standard of proof when balancing the relative harms to the parties in its denial of a stay relief motion.

Judge(s):
Kurtz, Martin, Jury
Tag(s):

Parkview Adventist Medical Center v. U.S.A.

Citation:
16-1731 (1st Circuit, Nov 29,2016) Published
Case Status:
Affirmed
Ruling:

Affirming the lower courts’ decisions, the First Circuit held that the termination by the Centers for Medicare & Medicaid Services (CMS) of their provider agreement with the debtor did not...

Judge(s):
Lynch, Stahl, and Barron
Tag(s):

Ray v. Deutsche Bank National Trust Co. (In re Ray)

Citation:
Ray v. Deutsche Bank National Trust Co. (In re Ray), Case No. NV-15-1137-LDoKi (9th Cir. B.A.P., Nov. 14, 2016) (unpublished)
Ruling:
Bankruptcy court did not abuse its discretion in (1) denying Appellant debtor's motion for an extension of time to file an opposition, (2) granting relief from stay to Appellee, and (3) denying...
Judge(s):
Lafferty, Dore, Kirscher
Tag(s):

Ozenne v. Chase Manhattan Bank (In re Ozenne)

Citation:
Ozenne v. Chase Manhattan Bank (In re Ozenne), Case No. 11-60039 (9th Cir. Nov. 9, 2016) (en banc)
Ruling:
Sitting en banc, the Ninth Circuit vacated the BAP's order and remanded the case with instruction to dismiss the mandamus petition for lack of jurisdiction.
Judge(s):
Thomas, Kozinski, Graber, McKeown, Paez, Berzon, Callahan, Smith, Watford, Owens, Friedland
Tag(s):

Halloum v. Kasolas (In re Halloum)

Citation:
BAP No. EC-15-1401-JuKuMa (BAP 9th Cir. Oct. 27, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (E.D. Ca.) denying chapter 7 debtors' motion for leave to sue the chapter 7 trustee. The bankruptcy court correctly applied...
Judge(s):
Jury, Kurtz, Martin
Tag(s):

Cottle v. AZ Corp. Commission (In re Cottle)

Citation:
BAP No. AZ-16-1078-JuFL (BAP 9th Cir. Oct. 17, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP...
Judge(s):
Jury, Faris, Lafferty
Tag(s):

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