§ 362

Coder Foundry, LLC, In re

Ruling: 
State court derivative action was not a violation of the automatic stay as neither of the claims asserted in the derivative action were property of the bankruptcy estate. (Bankr. M.D.N.C.)
ABI Membership is required to access the full summary of Coder Foundry, LLC, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 01,2018, LexisNexis #0918-037

Leeds, In re

Ruling: 
Motion to retroactively annul the automatic stay was denied as trustee breached his fiduciary duty to debtor's bankruptcy estate, service of the motion was insufficient, and the doctrine of unclean hands warranted denial of retroactive relief. (Bankr. D. Nev.)
ABI Membership is required to access the full summary of Leeds, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-038

Maes, In re

Ruling: 
Court denied debtor's motion as reimposing the automatic stay upon reopening the cases would contravene the explicit provisions of the bankruptcy code governing termination of the automatic stay. (Bankr. D.N.M.)
ABI Membership is required to access the full summary of Maes, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 31,2018, LexisNexis #0918-039

Ludkowski, In re

Ruling: 
Continuation of collection suit after conversion of the case from one under chapter 7 to oneunder chapter 13 on its face violated the in personam stay. (Bankr. N.D. Ill.)
ABI Membership is required to access the full summary of Ludkowski, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 24,2018, LexisNexis #0918-002

Fornesa v. Fifth Third Mortg. Co.

Ruling: 
Court held that plaintiffs were judicially estopped from claiming a stay violation becausedebtor failed to adequately disclose his assets in bankruptcy. (5th Cir.)
ABI Membership is required to access the full summary of Fornesa v. Fifth Third Mortg. Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-003

Horned Dorset Primavera, Inc., In re

Ruling: 
Corporation that owned real property violated the automatic when it filed the "Instancia" bywhich it requested the property registrar to alter the ranks of the liens and subordinate thedebtor's deed of usufruct. (Bankr. D.P.R.)
ABI Membership is required to access the full summary of Horned Dorset Primavera, Inc., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on July 27,2018, LexisNexis #0918-004

Goodrich, In re

Ruling: 
Court adopted the Minority Approach, construing § 362(c)(3)(A) to terminate the stay entirely unless the debtor or another party in interest makes the requisite showing, and court orders otherwise, within 30 days of the date the debtor filed the second case. (Bankr. D. Vt.)
ABI Membership is required to access the full summary of Goodrich, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-094

Melincavage, In re

Ruling: 
Relief from stay granted as creditor was not adequately protected because debtor failed to provide the creditor with proof of proper insurance on the vehicle. (Bankr. D.N.J.)
ABI Membership is required to access the full summary of Melincavage, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-095

EB Holdings II, Inc., In re

Ruling: 
Motion for stay relief denied in part where the application of the Sonnax/Curtis Factors didnot support a finding of sufficient cause to permit creditor to commence another civil action.(Bankr. D. Nev.)
ABI Membership is required to access the full summary of EB Holdings II, Inc., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on July 06,2018, LexisNexis #0818-062

Gorokhovsky, In re

Ruling: 
Debtor's motion for sanctions and contempt was denied as he was not injured, did not suffer any "actual damages," and contempt was purged when the attorney withdrew the state court order. (Bankr. E.D. Wis.)
ABI Membership is required to access the full summary of Gorokhovsky, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 05,2018, LexisNexis #0818-036

Pages

Subscribe to § 362