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§ 342(g)

Arias, In re--Arias v. Franklin Credit Mgmt. Corp.

Ruling
Debtor's confirmed plan was not binding on the creditor as notice was not effective. (Bankr.D.P.R.)
Issue(s)
Notice; When Notice to Creditor is Effective; Receipt.

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 19, 2024 , LexisNexis #0624-053

Seebeck, In re

Ruling
Creditor was not properly notified of a debtor's Chapter 13 case and debtor did not meet hisburden of proving that the creditor willfully violated the automatic stay. (Bankr. W.D. Tenn.)
Issue(s)
Notice; When Notice to Creditor is Effective; When Penalties May Be Imposed.

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Consumer opinion summary, case decided on February 23, 2024 , LexisNexis #0624-078

Williams, In re

Ruling
Grounds existed for vacating the confirmation order as to creditor alone because a violation ofdue process occurred. (Bankr. N.D. Ill.)
Issue(s)
Notice; When Notice to Creditor is Effective; Receipt.

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Consumer opinion summary, case decided on May 05, 2020 , LexisNexis #0620-078

Walsh v. UGI Utils. Inc. (In re Walsh)

Ruling
Safe harbor did not apply to creditor utility's shut-off notice once creditor had actual knowledge of debtor's bankruptcy.
Issue(s)
Should debtor's complaint for violation of stay against utility company be dismissed on grounds that the utility's actions were covered by the safe harbor provision?

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Consumer opinion summary, case decided on October 03, 2014 , LexisNexis #1014-112