Legal Opinion

Gasprom, Inc. v. Fateh (In Re Gasprom, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 28, 2013No. BAP CC-12-1567-KuKiTa; Bankruptcy ND 12-10772-RRPublishedCited by 11 opinions

1Opinion of the Court

OPINION

KURTZ, Bankruptcy Judge.

INTRODUCTION

Chapter 7 2 debtor Gasprom, Inc. (“Gas-prom”) appeals from a bankruptcy court order holding that the postpetition foreclosure of Gasprom’s principal asset, a gas station, did not violate the automatic stay because the stay had terminated by operation of law as a result of the chapter 7 trustee’s abandonment of the gas station. The bankruptcy court based this holding on an incorrect legal analysis regarding the effect of the abandonment on the automatic stay.

In the same order, the bankruptcy court held in the alternative that it would annul the stay…

2Cases cited30 opinions

  1. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  2. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  3. Dewsnup v. TimmSupreme Court of the United States · 1992
  4. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  5. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000

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

3Cited by11 opinions

  1. Cruz v. Stein Strauss Trust 1361 (In Re Cruz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  2. Failla v. Citibank, N.A.District Court, S.D. Florida · 2015
  3. Gasprom, Inc. v. Fateh (In re Gasprom, Inc.)District Court, C.D. California · 2014
  4. In re ReisbeckUnited States Bankruptcy Court, D. Montana · 2014
  5. In re: Anita G. ChesleyUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API