Legal Opinion

Ellis v. Junying Yu (In Re Ellis)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 19, 2014No. BAP NC-14-1052-PaJuKu; Bankruptcy 13-32612PublishedCited by 34 opinions

1Opinion of the Court

OPINION

PAPPAS, Bankruptcy Judge:

Chapter 7 3 debtor Gigi Ellis (“Ellis”) appeals the order of the bankruptcy court granting Junying Yu’s (“Yu”) motion for relief from the automatic stay under §§ 362(d)(1) and (2), and granting in rem relief pursuant to § 362(d)(4). We DISMISS the appeal from the stay relief order as MOOT because Ellis has since been granted a discharge in her bankruptcy case and, therefore, the automatic stay has terminated by operation of § 362(c)(2)(C). We REVERSE the grant of in rem relief because Yu was not a creditor with a claim secured by an interest in the subject…

2Cases cited13 opinions

United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
TrafficSchool.com, Inc. v. Edriver Inc.Court of Appeals for the Ninth Circuit · 2011
In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
Pitts v. Terrible Herbst, Inc.Court of Appeals for the Ninth Circuit · 2011
In Re: John G. Pattullo in Re: Susan F. Pattullo, Debtors. United States Internal Revenue Vacating Service v. John G. Pattullo Susan F. PattulloCourt of Appeals for the Ninth Circuit · 2001

8 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

Franklin High Yield Tax-Free Income Fund v. City of Stockton (In Re City of Stockton)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
Todeschi v. Juarez (In Re Juarez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
San Bernardino City Professional Firefighters Local 891 v. City of San Bernardino (In re City of San Bernardino)District Court, C.D. California · 2015
Blas v. Bank of America, N.A.District Court, D. Alaska · 2024
In re GIANG THANH DONG and MARY TRAN NGUYEN v. THOMAS H. CASEY, Chapter 7 TrusteeDistrict Court, C.D. California · 2026

29 more not listed; retrieve them via the Exa API.