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§ 1301(a)

Whitlock-Young, In re

Aug
10
2017
Ruling
Creditor's foreclosure action violated the co-debtor stay. (Bankr. N.D. Ill.)
Issue(s)
Stay of Action Against Codebtor; Actions to Collect Consumer Debt.

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Consumer opinion summary, case decided on August 10, 2017 , LexisNexis #1017-088
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In re Penn

Apr
02
2010
Ruling
Nonjudicial foreclosure against property owned by LLC of which debtor was sole owner was not subject to co-debtor stay.
Procedural posture

Movants, three creditors, filed a motion, opposed by debtor, to validate a foreclosure sale or, in the alternative, for relief from or annulment of the automatic stay ab initio.

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Consumer opinion summary, case decided on April 02, 2010 , LexisNexis #0810-063
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In re Lemma

Sep
09
2008
Ruling
Co-debtor stay is not terminated by 30-day automatic termination of stay in chapter 13 case.
Procedural posture

The debtors filed a motion for a determination that the scheduling of the foreclosure sale of their residence by a creditor violated the co-debtor stay of 11 U.S.C.S. § 1301(a).

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Consumer opinion summary, case decided on September 09, 2008 , LexisNexis #1008-014
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Moore v. Alabama Power Co. (In re Moore)

May
28
2008
Ruling
Continued wage garnishement by garnishee was not a violation of codebtor stay by creditor that obtained the original prepetition writ.
Procedural posture

Defendant creditor filed a motion, pursuant to Fed. R. Bankr. P. 7012(b)(6), to dismiss the adversary proceeding of plaintiffs, a debtor and her cosigner, for damages for an alleged violation of the codebtor stay imposed by 11 U.S.C.S. § 1301(a) and to hold the creditor in contempt under 11 U.S.C.S. § 105.

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Consumer opinion summary, case decided on May 28, 2008 , LexisNexis #0708-088
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Brooks v. GMAC (In re Brooks)

Apr
10
2006
Ruling
Creditor did not violate automatic stay by refusing to release its lien on an automobile co - owned by debtor wife and the wife's father.
Procedural posture

Plaintiffs, debtors, filed a complaint against creditor alleging that the creditor violated the automatic stay of 11 U.S.C. § 362(a) and the co-debtor stay of 11 U.S.C. § 1301(a) by refusing to release its lien on an automobile co-owned by the debtor wife and her father.

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opinion summary, case decided on April 10, 2006 , LexisNexis #0506-138
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