- 11 U.S.C.
Albert-Sheridan, In re--Albert-Sheridan v. State Bar
Apr
02
2024
Ruling
Bankruptcy court properly denied leave to amend after considering that the first adversary andthe consolidated adversary proceedings had been pending for three years and the debtoralready had made two full attempts to plead legally sufficient claims for relief. (B.A.P. 9th Cir.)
Issue(s)
Automatic Stay; Scope; Acts to Collect, Assess or Recover Claims.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Aleckna, In re--California Coast Univ. v. Aleckna
Sep
09
2021
Ruling
Order holding that university willfully violated the automatic stay by failing to providetranscript to debtor because of financial hold on the debtor's account affirmed. (3d Cir.)
Issue(s)
Automatic Stay; Scope; Acts to Collect, Assess or Recover Claims.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Freeland, In re
Aug
12
2020
Ruling
Debtors awarded damages where creditor violated the stay by repeatedly calling the debtorsand sending bill for immediate payment. (Bankr. D. Or.)[1]-Creditor violated 11 U.S.C. § 362(a)(6) by repeatedly calling the debtors after they filed theirbankruptcy petition and by sending a bill asking for immediate payment; [2]-Because debtors wereentitled to the protection afforded by the automatic stay without harassment from the creditor, anddebtors provided evidence of emotional distress, an emotional distress damages award was warranted;[3]-Creditor's actions were willful because it appeared that the creditor, a large company, had receivedcorrect and robust notice of the debtors' bankruptcy and the motion and therefore could not blame itsfailure to timely stop collection efforts or to appear and address the motion on defective notice or service.Freeland, In re, 2020 Bankr. LEXIS 2174 (Bankr. D. Or. August 12, 2020) (Mckittrick, B.J.).
Issue(s)
Automatic Stay; Scope; Acts to Collect, Assess or Recover Claims.
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- 11 U.S.C.
Gibbons v. First Citizens Nat'l Bank (In re Gibbons)
Dec
13
2016
Ruling
Debtors not entitled to a refund of post-petition payments where their actions showed positiveindications that payments were being made voluntarily. (Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Scope; Acts to Collect, Assess or Recover Claims.
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- 11 U.S.C.
Thomas v. Seterus Inc. (In re Thomas)
Aug
16
2016
Ruling
Mortgage lender’s letters threatening to charge debtor’s for hazard insurance premiums didnot violate the automatic stay. (Bankr. M.D. Ala.)
Issue(s)
Did bank willfully violated the automatic stay by sending debtors monthly mortgage statements and letters threatening to charge them for force-placed hazard insurance on the mortgaged property?
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- 11 U.S.C.
In re Keller
May
17
2016
Ruling
Reporting of adverse credit information did not violate the automatic stay.
Issue(s)
Whether, as a matter of law, the mere act of reporting adverse credit information is a per se violation of the automatic stay?
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- 11 U.S.C.
Gonzalez v. P.R. Treasury Dept (In re Gonzalez)
Jun
19
2015
Ruling
Tax notice threatening seizure of debtor's property violated the automatic stay.
Issue(s)
Did postpetition tax notice threatening seizure of debtor's property violate the automatic stay?
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- 11 U.S.C.
In re Clark
Feb
26
2014
Ruling
Single postpetition communication by creditor to debtor for clarification did not violate stay.
Issue(s)
Was creditor's post-petition telephone conversation with debtor an attempt to collect a debt in violation of the automatic stay and if so, was imposition of sanctions warranted?
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- 11 U.S.C.
Trailer v. Troy Univ. (In re Trailer)
Mar
18
2013
Ruling
University's refusal to release transcript due to outstanding prepetition debt violated stay.
Procedural posture
Plaintiff chapter 13 debtor filed a complaint against defendant university, contending that the university willfully violated the automatic stay, 11 U.S.C.S. § 362(a)(6), by refusing, in an effort to collect a prepetition debt and with knowledge of her bankruptcy, to release a transcript of her academic record.
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- 11 U.S.C.
Legendary Stone Arts LLC v. Maness (In re Maness)
May
01
2012
Ruling
Creditors' pursuit of criminal fraud proceeding did not violate stay.
Procedural posture
Plaintiff creditors filed a motion for summary judgment on defendant chapter 7 debtors' counterclaim for actual and punitive damages arising from the creditors' alleged violations of the automatic stay under 11 U.S.C. § 362(a)(6).
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