- 11 U.S.C.
Lewis v. Noble (In re Lewis)
Mar
10
2016
Ruling
Foreclosure conducted in violation of validly extended stay in debtor's second bankruptcy case voided.
Issue(s)
Was debtor entitled to damages for violation of the automatic stay by creditor in debtor's second bankruptcy case? [1]-An order the court entered after a debtor declared Chapter 13 bankruptcy for a second time within a twelve-month period, which extended the automatic stay beyond the 30-day period specified in 11 U.S.C.S. § 362(c)(3) at the request of the debtor and a creditor who sold real property to the debtor, was a valid order, and the creditor's action in initiating a foreclosure sale of the property without requesting termination of the automatic stay and purchasing the property at that sale violated the stay and was invalid; [2]-Although the debtor sought damages in addition to an order invalidating the foreclosure sale, her request for damages had to be denied because it was not supported by evidence showing the type or amount of damages she sustained, if any.
ABI Membership is required to access the full summary of Lewis v. Noble (In re Lewis) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: