Davis v. Courington (In Re Davis)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
CARLSON, Chief Judge:
The principal question raised in this appeal is whether Appellant’s action alleging willful violation of the automatic stay was rendered moot by dismissal of the underlying bankruptcy case. We conclude that the action was not rendered moot and reverse the bankruptcy court’s order dismissing the action.
FACTS
On June 24, 1992, Betty Jean Davis (Appellant) filed an action in Fresno County Superior Court alleging that certain secured lenders and their agents (Appellees): (1) wrongfully refused to accept loan payments from Appellant; (2) misapplied loan payments from Appellant;…
2Cases cited12 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Richard D. Price, Jr., Formerly Doing Business as Richard D. Price, Jr. & Associates, Limited v. James M. Rochford, Kirk A. Holman, Jack C. VieleyCourt of Appeals for the Seventh Circuit · 1991
- In Re Income Property Builders, Inc., Debtor. Armel Laminates, Inc. v. The Lomas & Nettleton CompanyCourt of Appeals for the Ninth Circuit · 1983
- In Re David Lee Carraher and Phyllis Diane Carraher, Debtors. David L. Carraher Phyllis D. Carraher, and Ronald C. Lapekas v. Morgan Electronics, Inc.Court of Appeals for the Ninth Circuit · 1992
- In Re Universal Farming Industries, Debtor. George C. Spacek v. Jerry ThomenCourt of Appeals for the Ninth Circuit · 1989
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3Cited by93 opinions
- In re Pegasus Gold Corp.Court of Appeals for the Ninth Circuit · 2005
- Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Williams v. Citifinancial Mortgage Co. (In Re Williams)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
- Johnson v. SmithCourt of Appeals for the Tenth Circuit · 2009
- Kunica v. St. Jean Financial, Inc.District Court, S.D. New York · 1999
88 more not listed; retrieve them via the Exa API.