§ 362(a)(3)

Oct
16
2013

Goodrich v. Hunt (In re Robert W. Hunt M.D.)

Ruling: 
Trustee of living trust did not have right to jury trial on allegations of interference with administration of bankruptcy estate and violation of stay.
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Commercial case opionion summary, case decided on October 16,2013, LexisNexis #1113-007
Jun
25
2013

In re Muhlig

Trustee sought reconsideration of the court's earlier order denying a motion for contempt against defendant tobacco companies for violating the automatic stay in 11 U.S.C.S. § 362(a)(3) by seeking summary judgment against debtor in a wrongful death action without notifying the trustee.
Ruling: 
Dismissal of debtor's wrongful death action without notice to trustee violated stay.
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Consumer case opionion summary, case decided on June 25,2013, LexisNexis #0713-080
May
13
2013

In re Howrey LLP

A law firm moved for an order confirming that the automatic stay would be inapplicable or, in the alternative granting relief from the automatic stay, so that it could file a declaratory relief action against a chapter 11 trustee in a District of Columbia court. The motion was prompted by a threatened lawsuit against the law firm by the trustee to recover profits earned by the law firm on matters brought to it by a former member of the debtor.
Ruling: 
Relief from stay to allow debtor law firm to contest trustee's proceeding to avoid unfinished business waiver in declaratory relief action denied.
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Commercial case opionion summary, case decided on May 13,2013, LexisNexis #0613-076
Sep
26
2012

In re Construction Supervision Servs.

Pending before the court was debtor's Motion to hold a creditor in contempt of court for violation of the automatic stay and the creditor's Response. The court held a hearing on the Motion and the Response.
Ruling: 
Creditor sanctioned for dispatching third party to disable debtor's fuel pumps in violation of stay.
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Commercial case opionion summary, case decided on September 26,2012, LexisNexis #1012-074
Feb
01
2012

In re Julien

A Chapter 11 debtor filed an opposed motion to extend the automatic stay in favor of his wholly owned company, a non-debtor third party, under 11 U.S.C.S. § 362(a)(3).
Ruling: 
Stay could not be extended to debtor's non-debtor wholly owned company.
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Consumer case opionion summary, case decided on February 01,2012, LexisNexis #0312-038
Sep
06
2011

In re McBride

Chapter 13 debtors filed a motion seeking to have secured creditor, a car dealer, show cause why it was not in violation of 11 U.S.C.S. § 362(a)(3) and should not be required to pay damages for the violation, following the creditor's postpetition repossession of a vehicle subject to a closed end motor vehicle lease.
Ruling: 
Creditor's postpetition repossession of leased vehicle violated stay.
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Consumer case opionion summary, case decided on September 06,2011, LexisNexis #1011-073
Apr
15
2011

National Bank of Ark. V. Panther Mt. Land Dev. LLC (In re Panther Mt. Land Dev. LLC)

Appellant, a secured creditor bank holding mortgages on some of chapter 11 appellee debtor's real property, appealed from an order of the United States Bankruptcy Court for the Eastern District of Arkansas, that denied creditor's motion for relief from the automatic stay, under 11 U.S.C.S. § 362(a)(3). The creditor wished to proceed with a state court foreclosure action against the debtor and its newly formed special improvement districts.
Ruling: 
Denial of relief from stay to allow creditor to proceed against debtor developer and its special improvement district affirmed, absent cause.
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Commercial case opionion summary, case decided on April 15,2011, LexisNexis #0511-043
Feb
23
2011

In re Sayeh

By the motion before the court, the Chapter 11 Trustee sought actual and punitive damages and other relief against debtor for violating the automatic stay by removing estate assets from the premises with which they were imminently to be sold. An evidentiary hearing was held.
Ruling: 
Debtor held in contempt and sanctioned for unauthorized postpetition removal of estate property from hotel prior to sale.
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Consumer case opionion summary, case decided on February 23,2011, LexisNexis #0311-111
Dec
09
2010

In re Alletto

Debtor filed a petition under chapter 7, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed a motion for an order compelling the debtor to turn over money she received from an attorney who settled a personal injury claim, requiring the debtor and the attorney to turn over all documents pertaining to the debtor's claim, and requiring the attorney to disgorge his fees and expenses.
Ruling: 
Debtor and attorney ordered to turn over proceeds of personal injury settlement that was not submitted to bankruptcy court for approval.
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Consumer case opionion summary, case decided on December 09,2010, LexisNexis #0111-040

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