- 11 U.S.C.
Santiago, In re--Santiago v. Cooperativa A/C Las Piedras
Jul
20
2022
Ruling
Defendant's presentation and recordation of its mortgage lien was void as it was done inviolation of the automatic stay. (Bankr. D.P.R.)
Issue(s)
Automatic Stay; Scope; Acts to Create, Perfect or Enforce Liens.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Bank of N.Y. Mellon v. Enchantment at Sunset Bay Condo. Ass'n
Jun
25
2021
Ruling
District court erred in concluding that bank lacked standing to challenge a foreclosure salethat it claimed was a violation of the automatic stay. (9th Cir.)
Issue(s)
Automatic Stay; Scope; Acts to Create, Perfect or Enforce Liens.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Lum Lung, In re
Dec
06
2018
Ruling
Motion for retroactive relief from stay was granted where homeowners association willfully violated the automatic stay by proceeding with foreclosure of its assessment lien. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Scope; Acts to Create, Perfect or Enforce Liens.
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:
- 11 U.S.C.
Osage Water Co., In re--Williams v. Hancock Constr. Co.
Sep
12
2018
Ruling
Order of revival for the fourth judgment entered after the bankruptcy filing was void ab initio as it was a violation of automatic stay and was not entitled to the protection of the Rooker-Feldman doctrine. (Bankr. W.D. Mo.)
Issue(s)
Automatic Stay; Scope; Acts to Create, Perfect or Enforce Liens.
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- 11 U.S.C.
Murphy, In re--Pettie v. Murphy
Apr
30
2018
Ruling
Security deed recorded postpetition was void as it violated the automatic stay. (Bankr. N.D.Ga.)
Issue(s)
Automatic Stay; Scope; Acts to Create, Perfect or Enforce Liens.
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- 11 U.S.C.
Flyglo, LLC, In re
Aug
31
2017
Ruling
Debtor's motion to hold creditor in contempt for violation of automatic stay granted ascreditor violated the automatic stay when creditor filed its lien with the Federal AviationAdministration. (Bankr. E.D. La.)
Issue(s)
Automatic Stay; Scope; Acts to Create, Perfect or Enforce Liens.
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- 11 U.S.C.
In re Willis
Jul
08
2016
Ruling
Lien did not attach to estate property and did not violate the automatic stay.
Issue(s)
Did creditor’s alleged failure to timely release a lien violate the automatic stay?
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- 11 U.S.C.
In re Miller
Feb
14
2011
Ruling
Enforcement limitations period of health care creditor's lien, which was perfected prior to petition date, was tolled while debtor's case was pending.
Procedural posture
Debtor filed a petition under chapter 13, and a health center filed a claim in the amount of $610 against the debtor's bankruptcy estate. The debtor filed an objection to the claim, alleging that it was void because it was perfected in violation of the automatic stay.
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Court
:
- 11 U.S.C.
In re Benefield
Aug
20
2010
Ruling
No stay was in effect in chapter 11 case filed within one year of two prior chapter 13 dismissals.
Procedural posture
Before the court in Chapter 11 bankruptcy proceedings were creditors' motion for a determination that a stay was not in effect pursuant to 11 U.S.C.S. § 362(a)(4), debtors' emergency motion to declare the automatic stay in effect or to reinstate the automatic stay pursuant to § 362(c)(4), and creditors' motion for an order retroactively annulling an automatic stay.
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- 11 U.S.C.
In re Magallanez
Mar
31
2009
Ruling
Recording of memorandum of judgment was void as a violation of stay but was not willful due to lack of notice.
Procedural posture
The matter was before the court on the motion of the trustee against a judgment creditor for violation of the automatic stay under 11 U.S.C.S. § 362(a)(4). The creditor's response asked the court to annul the stay.
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