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)
The 10th Circuit affirmed the order of dismissal. The Barton doctrine, derived from Barton v. Barbour, 104 U.S. 126 (1881) and its progeny, "precludes suit against a bankruptcy trustee for claims...
9th Circuit affirmed ruling of district court (N.D. Cal.) in favor of US Small Business Administration. SBA sought to avoid fraudulent transfer under Federal Debt Collection Procedures Act by...
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
10th Circuit affirmed the ruling of the district court (D. Utah) granting summary judgment in favor of defendants in debtor diversity suit challenging defendants' attempt to foreclose on deed of...
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.
In a "no asset" chapter 7 case, a filed proof of claim is not res judicata in other litigation, despite the "deemed allowed" language in 11 USC 502(a). "The Bankruptcy Rules plainly contemplate...
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...
A prima facie case under § 727(a)(3) requires a showing that debtor failed to maintain and preserve adequate records and that the failure made it impossible to ascertain his financial condition...
