Section 362(k)(1) provides "an individual injured by any willful violation of [the automatic] stay shall recover actual damages, including costs and attorneys' fees and, in appropriate...
Judge(s):
Fisher, Krause, and Melloy (sitting by designation)
9th Circuit reversed BAP's reversal of N.D. Cal. bankruptcy court's ruling that a creditor's claim was timely. Notwithstanding California forum for bankruptcy, under bankruptcy common law, federal...
Affirmed BAP's holding that pursuing a civil contempt proceeding is exempt from the automatic stay where the contempt proceedings are in furtherance of the court's public policy interest in...
Judge(s):
Ronald M. Gould, Richard R. Clifton, Paul J. Watford
Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
Affirming the district court's order, which affirmed the bankruptcy court's orders, dismissing Appellant's adversary proceeding and holding that (a) Appellant lacked standing to bring lawsuit on...
The United States Court of Appeals for the Third Circuit affirmed two orders of the United States District Court for the District of New Jersey affirming on appeal an order of the United States...
Section 522 will not support an exemption on the basis of state-law redemption rights in a piece of property if the proceeds from the sale of that property are insufficient to satisfy the prior...
Bankruptcy court's decision that creditor failed to prove claims under § 523(a)(2) and (a)(6) to except from discharge a prepetition judgment against debtor for unpaid real estate commissions...
Court ruled that a preferential transfer of a debtor's garnished wages cannot occur until the debtor's wages are actually earned. Court concluded that the transfer was "perfected" under section...
The Fifth Circuit noted the Bankruptcy Court's ability to sanction the conduct of individuals under both its inherent powers as well as under 28 U.S.C. § 1651 and 11 U.S.C. § 105. Looking first...
Judge(s):
Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
