- FRBP
Shibley, In re--Shibley v. SouthState Bank
Jun
09
2025
Ruling
Debtor could not establish justifiable reliance as he had an opportunity to review public records and discover any unpaid tax liens. (Bankr. N.D. Ga.)
Issue(s)
Relief From Judgment or Order.
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Court
:
- FRBP
Stage Presence Inc. v. Geneve Intl Corp. (In re Stage Presence Inc.)
Jun
24
2016
Ruling
Newly discovered evidence supported pleading of fraud claim.
Issue(s)
Did new evidence justify reopening of fraud proceeding?
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Court
:
- FRBP
In re Hunt
Feb
12
2015
Ruling
Debtor failed to establish grounds for vacating court's order lifting the automatic stay.
Issue(s)
Whether debtor had established grounds required by Fed. R. Bankr. P. 9023 or Fed. R. Bankr. P. 9024 for vacating the court's order lifting the automatic stay.
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Court
:
- FRBP
In re Trine
Jan
16
2015
Ruling
Motion to set aside dismissal of chapter 13 case denied.
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Court
:
- FRBP
In re Blackwater Enters.
Dec
17
2013
Ruling
Stay of order for sale of debtor corporation's sole asset denied.
Issue(s)
Was single asset debtor entitled to stay of order allowing trustee to proceed with sale of the asset.
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Court
:
- FRBP
In re Canopy Fin. Inc.
Feb
28
2013
Ruling
Transferee could not vacate default in avoidance proceeding where it did not supply necessary precedent to district court.
Procedural posture
In a claw-back action by a receiver on behalf of plaintiff debtor, a default judgment was entered against defendant casino for plaintiff's monies spent by two of its officers, who were later convicted of fraud. When plaintiff executed on the judgment, defendant moved under Fed. R. Bankr. P. 9024 to vacate the default. A bankruptcy judge denied the motion. The U.S. District Court for the Northern District of Illinois affirmed. Defendant appealed.
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Patel
Jun
15
2012
Ruling
Bank not entitled to set aside stipulation for treatment of claim based on later, higher appraisal.
Procedural posture
Movant bank, a secured creditor of a debtor, asked the court to set aside an earlier stipulation between the bank and debtor providing for the treatment of its claim in debtor's chapter 11 plan, which plan was later confirmed. The stipulation's execution essentially mooted debtor's motion to value certain real property. Issues included whether relief was available under Fed. R. Civ. P. 60, rendered applicable by Fed. R. Bankr. P. 9024.
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Court
:
- FRBP
In re TP Inc.
Jun
12
2012
Ruling
Consent order allowing company to foreclose set aside to prevent irreparable harm to estate.
Procedural posture
The chapter 11 trustee sought to modify, amend, or set aside a consent order entered for the benefit of creditor mortgagee, pursuant Fed. R. Civ. P. 60(b)(1), (2), (3), and (6), made applicable to bankruptcy cases by Fed. R. Bankr. P. 9024. The consent order modified the automatic stay to allow the creditor to proceed with foreclosure on certain of the debtor's properties.
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Court
:
- FRBP
Moore v. Delta Cmty. Credit Union (In re Moore)
Mar
06
2012
Ruling
Reconsideration of order resolving adversary proceeding granted on grounds of excusable neglect and limited delay or prejudice.
Procedural posture
Before the court was the Motion to Reconsider the Court's Final Order Resolving the Adversary Proceeding filed by defendant creditor. Plaintiff debtors opposed the Motion.
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Court
:
- FRBP
In re Garvin
Sep
22
2011
Ruling
Relief from confirmation denied absent fraud.
Procedural posture
Creditor sought rehearing and reconsideration of the court's order approving modification of debtor's second amended chapter 13 plan via a determination that Fed. R. Bankr. P. 9024 allowed relief from a confirmation order for any reason listed in Fed. R. Civ. P. 60(b). Movant ultimately sought relief from the order based on excusable neglect.
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Court
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