Home » Bankruptcy Process and Procedure » Automatic Stay

In re Telexfree, Inc.

Citation:
18-2001 (1st Circuit, Oct 29,2019) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals rejected the PIEC's challenge to the bankruptcy court's conclusion that their attempt to assert unjust enrichment claims is an attempt to exercise "control" over the Avoidance...
Judge(s):
Lynch, Selya and Barron
Tag(s):

In re Joy Denby Peterson

  • Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
  • 5 years 2 months ago
Citation:
18-3562 (3rd Circuit, Oct 28,2019) Published
Case Status:
Affirmed
Ruling:
A secured creditor's refusal to return collateral repossessed pre-petition immediately upon notice of the debtor's bankruptcy filing does not constitute a violation of the automatic stay because...
Judge(s):
McKee, Shwartz, and Fuentes
Tag(s):

Oya v. Wells Fargo, N.A. (In re Oya)

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 2 months ago
Citation:
BAP No. SC-19-1095-BKuL (9th Circuit, Oct 18,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (SD Cal.) retroactively annulling automatic stay after creditor with notice of bankruptcy proceeded with foreclosure sale. Bankruptcy court...
Judge(s):
Brand, Kurtz, Lafferty
Tag(s):

Ronald Martinez v. Wells Fargo Bank, N.A. (In re Martinez)

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 2 months ago
Citation:
BAP No. CC-19-1037-FSTa (9th Circuit, Oct 08,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to reconsider relief from stay order. Debtor failed to raise claim preclusion issue in objecting...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

Ronald Martinez v. Wells Fargo Bank, N.A. (In re Martinez)

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 3 months ago
Citation:
BAP No. CC-19-1037-FSTa (9th Circuit, Oct 08,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) denying chapter 13 debtor's motion for reconsideration of order deny debtor's motion to vacate relief from stay order. Order providing...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

Brown v. Quantum3 Group LLC; MOMA Funding LLC, (In re Brown)

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 4 months ago
Citation:
BAP No. SC-18-1121-SFL (9th Circuit, Sep 03,2019) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (SD Cal.) overruling debtors' claim objection. Statute of limitations was continuously tolled by applicable state law during pendency of...
Judge(s):
Spraker, Faris, Lafferty
Tag(s):

Mangaoang v. Newport Beach Holdings (In re Mangaoang)

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 4 months ago
Citation:
BAP No. NC-18-1309-BSTa (9th Circuit, Aug 13,2019) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeal for lack of jurisdiction. Bankruptcy court (ND California) dismissed appellant chapter 13 debtor's bankruptcy case while appeal was pending, mooting appeal.
Judge(s):
Brand, Spraker, Taylor
Tag(s):

Audrey Dick v. Colorado Housing Ent, L.L.C., et al

Citation:
18-10900 (5th Circuit, Jul 05,2019) Published
Case Status:
Affirmed
Ruling:
Affirmed District Court judgment dismissing Plaintiff/former debtor's contract and tort claims against creditors that foreclosed on former debtor's condo, and granting partial summary judgment on...
Judge(s):
Owen, Southwick, Higginson
Tag(s):

In re Roberson

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 5 years 7 months ago
Citation:
17-8041 (6th Circuit, May 30,2019) Not Published
Case Status:
Affirmed
Ruling:
In an opinion designated as precedential only to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the Bankruptcy Court ruling that a landlord's claim for residential rent...
Judge(s):
Buchanan, Dales and Humphrey, opinion by Buchanan
Tag(s):

Nathaniel Hake v. Michael Simpson

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 5 years 8 months ago
Citation:
18-3785 (6th Circuit, May 01,2019) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the dismissal of plaintiff's complaint under the Rooker-Feldman doctrine, holding that while there is an exception to Rooker-Feldman for injuries caused by a...
Judge(s):
Clay, Gilman and Kethledge; Opinion by Clay
Tag(s):

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