- 11 U.S.C.
Patel, In re--Patel v. Patel
Aug
16
2019
Ruling
Arbitration award was a violation of the automatic stay as the arbitration was a judicialproceeding against the debtor to collect a pre-petition debt and was commenced after debtor'sbankruptcy filing. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Scope; Commencement or Continuation of Proceedings Against
ABI Membership is required to access the full summary of Patel, In re--Patel v. Patel Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
St. Laurent, In re
Aug
12
2019
Ruling
Debtor was entitled to damages as the debtor's landlord prosecuted its forcible entry anddetainer complaint with knowledge of debtor's bankruptcy filing. (Bankr. D. Me.)
Issue(s)
Automatic Stay; Scope; Commencement or Continuation of Proceedings Against
ABI Membership is required to access the full summary of St. Laurent, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Settlers' Hous. Serv
Jul
12
2016
Ruling
Relief from stay granted with regard to several of debtor’s properties due to lack of adequate protection but not with regard to property subject to disputed security interest.
Issue(s)
Should secured creditor be granted relief from stay due to an alleged lack of adequate protection in debtor’s properties?
ABI Membership is required to access the full summary of In re Settlers' Hous. Serv Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Perez v. Rivera (In re Perez)
Jul
28
2014
Ruling
Former spouse's action to collect debts that were not domestic support obligations violated stay.
Issue(s)
Did actions of debtor's former spouse in state court to collect various obligations of the debtor violate the automatic stay?
ABI Membership is required to access the full summary of Perez v. Rivera (In re Perez) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Klarchek Family Trust v. Costello (In re Klarchek)
Apr
10
2014
Ruling
Proceeding to dissolve family trust violated stay.
Issue(s)
Did commencement of proceeding for dissolution of debtor's family trust violate the automatic stay?
ABI Membership is required to access the full summary of Klarchek Family Trust v. Costello (In re Klarchek) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Kirschenbaum v. Fed. Ins. Co.
Feb
06
2014
Ruling
Creditor's cross-claim against debtor's insurer barred as requiring a negligence determination against debtor that would be an end run around the automatic stay.
Issue(s)
Could creditor file a negligence cross claim in trustee's adversary proceeding seeking a declaration of rights, duties, and liabilities under certain insurance policies, while an action on similar claims was pending in state court but subject to the automatic stay?
ABI Membership is required to access the full summary of Kirschenbaum v. Fed. Ins. Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Iezzi
Jan
31
2014
Ruling
Relief from stay denied as to scire facias proceeding aimed not to exercise police or regulatory power but to advance city's pecuniary interest.
Issue(s)
Was scire facias proceeding by city subject to the police and regulatory powers exception to the automatic stay?
ABI Membership is required to access the full summary of In re Iezzi Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Jefferson County
Apr
15
2013
Ruling
Stay applied to reinsurer's action against underwriters with cross claims against debtor county.
Procedural posture
An insurer of warrants for sewer system improvements issued by a bankruptcy debtor which was a county brought an action in state court against the debtor and underwriters of the warrants based on fraud, and a reinsurer of the warrants brought a virtually identical action against the underwriters which asserted cross-claims against the debtor. The reinsurer moved for a determination that the automatic bankruptcy stay did not apply to its action.
ABI Membership is required to access the full summary of In re Jefferson County Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hovey v. Vale Realty Trust (In re Hovey)
Dec
14
2012
Ruling
Landlord granted partial relief from stay to pursue eviction against debtor and common law spouse.
Procedural posture
Chapter 13 debtor and her non-debtor common law husband sought relief from the actions of their landlord and its trustee, who had moved for relief from the automatic stay for cause to proceed with summary eviction proceedings against debtor and spouse in the state court. Landlord also dismissal of the debtor's chapter 13 case with prejudice due to her delay and her bad faith in filing of serial prior bankruptcy filings.
ABI Membership is required to access the full summary of Hovey v. Vale Realty Trust (In re Hovey) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Rose
Oct
02
2012
Ruling
Law firm sanctioned for failing to release hold on debtor's account in violation of stay.
Procedural posture
A collections law firm commenced a case in state court against a bankruptcy debtor to collect a debt and obtained an administrative hold on the debtor's bank account, and the firm refused to release the hold upon learning of the debtor's subsequent bankruptcy. The debtor moved for sanctions against the firm for willfully violating the automatic bankruptcy stay of 11 U.S.C.S. § 362(a)(1).
ABI Membership is required to access the full summary of In re Rose Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: