In re Keyser
Dec
12
2011
Ruling
Creditor's pursuit of in rem foreclosure remedy did not violate stay.
Procedural posture
Debtor asked the court to rule that a condominium owners association (COA) had violated the automatic stay imposed per 11 U.S.C.S. § 362 by pursuing foreclosure of debtor's interest in a condo unit and that damages were properly awarded under § 362(k). The court had previously granted relief from stay to COA to pursue a state court action for in rem foreclosure relief.
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Court
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