- 11 U.S.C.
Johnson v. TRE Holdings LLC (In re Johnson)
Jul
07
2006
Ruling
Panel deemed that "in rem" order did not entitle holding company to ignore automatic stay, and panel reversed bankruptcy court's order declining to exercise jurisdiction.
Procedural posture
Appellant chapter 13 debtor moved for stay-violation sanctions under 11 U.S.C. § 362(h) and an order vacating a nonjudicial foreclosure sale caused by appellee holding company. The Bankruptcy Court for the Central District of California dismissed the case for procedural defects. It then revived the stay violation motion and ultimately denied the motion for lack of jurisdiction. The debtor appealed.
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