Affirmed. Bankruptcy court's orders granting motions to lift automatic stay to allow creditor to pursue its crossclaims in two separate federal district courts in Texas and to file a counterclaim...
As a threshold issue, a party must have standing to appeal. The 10th Circuit has adopted the standard that appellate review of a bankruptcy court order is limited to "persons aggrieved" by that...
Summarized by Eric Madden , Reid Collins & Tsai LLP
15 years 2 months ago
Citation:
Chizzali v. Gindi (In re Gindi), No. 10-1186 (10th Cir. Feb. 14, 2011)
Ruling:
The Tenth Circuit sustained a ruling that the automatic stay did not apply to a debtor’s pending state-court appeal of an adverse judgment based on Chaussee v. Lyngholm (In re Lyngholm), 24 F.3d...
Maynard v. Bryan C. Cannon, P.C., No. 08-4181 (10th Cir. Nov. 10, 2010)
Ruling:
Utah law firm's conduct did not violate homeowner's rights under Fair Debt Collection Practices Act (FDCPA) when the law firm sent notice of default required for non-judicial foreclosure and a...
Stay violation sanctions, authorized under 11 U.S.C. 105, may include monetary and non-monetary relief. To the extent that monetary sanctions are at issue, such relief is available under...
Summarized by Laura Bartell , Wayne State University Law School
15 years 7 months ago
Citation:
(10th Circuit, Dec 31,1969)
Ruling:
Debtors' stock appreciation rights under an equity participation program that was required to be established by a collective bargaining agreement ratified prepetition, but actually established...
