- 11 U.S.C.
In re Vela
Sep
03
2009
Ruling
Judge's memorandum decision violated stay so that subsequent judgment and sale were void.
Procedural posture
This matter was before the court on the Application of movant, the successful bidder (the bidder) at a foreclosure auction sale of debtor's real property held on June 19, 2009. In substance, the bidder sought an order which would have ratified the auction sale and the events from February 20, 2009 onward which preceded it.
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Court
:
Davis v. Rutherford
Aug
20
2009
Ruling
Debtor's state court case that was not timely removed by defendant remanded.
Procedural posture
Plaintiff debtors sued defendants, a sheriff, a clerk, and a purchaser, in state court to nullify a tax sale of their residence. Defendant purchaser removed the case, claiming that plaintiffs' claims were based upon 11 U.S.C.S. § 362(a). Plaintiffs, intervenor bank, and all defendants but the purchaser sought a remand, fees, and costs. A magistrate recommended granting the remand but denying fees and costs. Objections were filed.
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Court
:
Philadelphia Newspapers LLC v. Lane (In re Philadelphia Newspapers LLC)
Aug
05
2009
Ruling
Extension of stay covered litigation involving non-debtor employees.
Procedural posture
The debtors filed a motion for clarification of the scope of a preliminary injunction previously entered by the court, seeking to make clear that the preliminary injunction was a reciprocal injunction, barring not only the non-debtor defendants in this adversary proceeding, but also non-debtor reporters, editors and other employees from actively pursuing discovery or otherwise participating in underlying litigation.
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Court
:
In re Taylor
Jun
12
2009
Ruling
Reinstatement of stay denied after being lifted pursuant to debtor's default under terms of consent agreement.
Procedural posture
Before the court was the debtor's motion to reinstate the automatic stay as to a mortgage on the debtor's mobile home.
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Court
:
- 11 U.S.C.
In re Quarles
May
13
2009
Ruling
Order for partial judgment obtained by defendants in case brought by debtor violated stay.
Procedural posture
A debtor filed for relief under chapter 7. The movants, a physician and a corporation, filed a motion for determination of the applicability of the automatic stay and notice of opportunity for a hearing. A trustee objected to the motion.
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Court
:
In re Steve Cavanaugh Ltd. Pship
Apr
29
2009
Ruling
Stay modified to allow undersecured creditor to proceed against debtor's real property.
Procedural posture
The debtor objected to the creditors'motion to modify the automatic stay, pursuant to 11 U.S.C.S. § 362(a), to permit the creditors to pursue their non-bankruptcy remedies against a lot.
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Court
:
- 11 U.S.C.
In re Radcliffe
Apr
23
2009
Ruling
Fund properly held in violation of stay for declaring intention to withhold debtor's pension benefits until judgment was paid.
Procedural posture
Appellee debtor filed an adversary proceeding complaint against appellant union pension fund, alleging that it violated 11 U.S.C.S. § 362(a)(6), the automatic stay provision. The bankruptcy court entered a judgment in the debtor's favor and awarded him compensatory and punitive damages, interest, and attorney fees. The fund appealed after the District Court for the Northern District of Indiana affirmed that order.
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Court
:
Judge or Jurisdiction information not available
In re Jones
Apr
22
2009
Ruling
Motion for relief from stay in debtor's third chapter 13 case was moot as stay terminated when debtor failed to seek extension.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. A movant filed an amended motion for relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(a), the debtor objected to the amended motion. The court held a hearing and issued findings of fact and conclusions of law.
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Court
:
Wells Fargo Bank v. Burrier (In re Burrier)
Apr
08
2009
Ruling
Motion for relief from stay granted upon reconsideration due to debtors' prior submission of false and misleading evidence.
Procedural posture
Debtors filed a chapter 13 case. Creditor filed a motion for relief from automatic stay. The court approved a stipulation for resolution of the motion. The creditor moved to enforce the terms of the stipulation and for relief from the automatic stay. The court denied the motion after finding that the debtors had made the alleged payments. The creditor moved for relief from the court's order under Fed. R. Bankr. P. 9024.
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Court
:
Collier v. Hill (In re Collier)
Apr
07
2009
Ruling
Debtor awarded damages for creditor's violation of stay through continued collection activities including posting a public sign.
Procedural posture
Debtor brought an adversary proceeding against creditor alleging that the creditor violated the automatic stay of 11 U.S.C.S. § 362(a) by demanding payment of a debt to the creditor despite knowledge of the debtor's bankruptcy. The debtor sought actual damages, costs, attorney's fees, and punitive damages under § 362(k).
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Court
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