5th Circuit affirmed District Court (W.D. Tx.) grant of summary judgment in favor of creditors seeking foreclosure against former serial bankruptcy filer. Texas common law and Section 362(c)(3)(A)...
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...
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...
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...
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...
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...
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.
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...
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...