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Porter v. Nabors Drilling USA, L.P.

Ruling
Governmental unit exception to the automatic bankruptcy stay did not apply to a Private Attorney General Act action in which the governmental unit did not request, direct, or join the filing. (9th Cir.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.

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Court :
Commercial opinion summary, case decided on April 20, 2017 , LexisNexis #0517-093

Dingley, In re--Dingley v. Yellow Logistics. LLC

Ruling
Bankruptcy court erred in sanctioning creditor for violation of automatic stay by pursuing civil contempt proceedings against debtor as civil contempt proceedings were exempted from stay. (9th Cir.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.

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Court :
Consumer opinion summary, case decided on April 03, 2017 , LexisNexis #0517-035

First Southern Natl Bank v. Sunnyslope Hous. Ltd. Pship (In re Sunnyslope Hous. Ltd. Pship)

Ruling
Plan confirmation reversed due to improper treatment of secured claim.
Issue(s)
Whether the value of lienholder's secured interest in housing project should be reduced by the impact of affordable housing restrictions from the original government financing?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 08, 2016 , LexisNexis #0516-014

Sternberg v. Johnston

Ruling
Finding of stay violation affirmed but remanded for redetermination of damages.
Procedural posture

Appellee debtor filed a chapter 11 bankruptcy petition and filed an adversary proceeding against appellants, including his ex-wife's attorney, alleging that they willfully violated the automatic stay under 11 U.S.C.S. § 362. On remand, the bankruptcy court found in favor of the debtor and awarded damages, attorney fees, and costs. The United States District Court for the District of Arizona affirmed. Appellants sought review.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 01, 2009 , LexisNexis #1009-134

Lowery v. Channel Communications Inc. (In re Cellular 101 Inc.)

Ruling
Administrative expense claim disbursement affirmed given debtor's failure to timely notify bankruptcy appellate panel of settlement and release.
Procedural posture

Appellant, a Chapter 11 debtor, challenged the decision entered by the Ninth Circuit, Bankruptcy Appellate Panel that held it was too late for the debtor to unveil an argument that it had entered into a settlement and a release of its obligation. The court ordered disbursement of funds to pay the administrative claim.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 21, 2008 , LexisNexis #0908-066

Henry v. Lehman Comml Paper Inc. (In re First Alliance Mortgage Co.)

Ruling
Corporation's aiding and abetting fraud by lender did not justify equitable subordination of its claims in lender's bankruptcy.
Procedural posture

In two consolidated actions, the District Court for the Central District of California found defendant corporation liable under California tort law to a class of borrowers for aiding and abetting fraud, and in a bankruptcy trustee's action, the district judge concluded that the corporation's conduct pursuant to its relationship with the bankrupt company did not warrant relief under the equitable principles of bankruptcy laws.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on December 08, 2006 , LexisNexis #0107-013