Braunstein v. Panagiotou (In re McCabe)
Jun
27
2006
Ruling
Court deemed that co-owner of a limited liability company with debtor willfully violated automatic stay by unilaterally reallocating ownership interests.
Procedural posture
Plaintiff trustee filed a motion for partial summary judgment on his claim that defendants, a corporation and an individual, violated the automatic stay under 11 U.S.C. § 362(d). Defendants filed a motion for summary judgment in as to plaintiff's claims for violation of the automatic stay, for turnover under 11 U.S.C. § 542, to avoid postpetition transfers pursuant to 11 U.S.C. § 549(a)(1) and (2)(B), and claims under state law.
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Court
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