In re Baker
Dec
04
2007
Ruling
Stay lifted postdischarge as to abandoned property.
Procedural posture
A creditor filed a motion for relief from the automatic stay of 11 U.S.C.S. § 362(a) in a chapter 7 bankruptcy case and for the abandonment of its collateral from the bankruptcy estate. A debtor objected to the motion.
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Court
:
- 11 U.S.C.
Haughton v. Alipio (In re Alipio)
Nov
29
2007
Ruling
Strict foreclosure conducted by condominium association without notice of bankruptcy was void.
Procedural posture
Movants, an individual and a corporation, as a nominee for a mortgage company, reopened a former chapter 7 proceeding against respondent debtor after the debtor had received a discharge. The movants filed a motion to annul an automatic stay of the state court foreclosure proceedings pending on the debtor's condominium unit.
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Court
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In re ONeal
Nov
27
2007
Ruling
Attorney disbarred for personal use of escrow funds denied relief from stay to pursue contempt proceeding in probate court.
Procedural posture
The moving creditor, a disbarred attorney who formerly represented the debtor's brother in probate litigation, sought relief from the automatic stay imposed by 11 U.S.C. § 362(a), so he could continue a contempt proceeding pending in a probate court. The debtor filed an objection.
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Court
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In re Pantani
Oct
26
2007
Ruling
Condominium association granted relief from stay to take possession of debtor's office unit.
Procedural posture
A condominium association (creditor) filed a motion seeking relief from the automatic stay that was imposed under 11 U.S.C. § 362(a) after a debtor filed a petition under chapter 13. The debtor filed a motion seeking an order requiring the creditor to turn over title to a condominium unit which it obtained in a foreclosure action.
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Court
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Pensiero v. Kingsland Funding Corp.
Oct
11
2007
Ruling
Order for prejudgment remedy against debtor corporation was subject to automatic stay.
Procedural posture
Plaintiff sued defendants, a funding corporation, a related corporation, and two individuals. Following entry of an order granting the plaintiff's motion for prejudgment remedy ("PJR order"), the related corporation sought relief from the PJR order pursuant to its current chapter 11 bankruptcy proceeding, and the individuals sought relief from the PJR order pursuant to Fed. R. Civ. P. 60(b)(6).
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Court
:
In re Globokar
Sep
18
2007
Ruling
Creditor not entitled to postconfirmation relief from stay to collect payments accrued between petition date and confirmation.
Procedural posture
Debtors filed a voluntary petition under chapter 11, and a reorganization plan. A creditor that held a secured interest in a vehicle one of the debtors owned filed a motion seeking relief from the automatic stay imposed by 11 U.S.C. § 362(a).
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Court
:
- 11 U.S.C.
Los Alamos Natl Bank v. Potter (In re Potter)
Aug
13
2007
Ruling
Attorney sanctioned for filing action against creditor bank in violation of stay.
Procedural posture
Plaintiff bank filed a motion for an order holding defendant attorney in contempt of court and imposing sanctions. The bank claimed that the attorney violated an order the bankruptcy court issued, and also violated the automatic stay imposed by 11 U.S.C. § 362(a)(3), when he filed a lawsuit against the bank in federal district court in California.
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Court
:
Shuffler v. United Brotherhood of Carpenters & Joiners of Am. (In re Shuffler)
Aug
03
2007
Ruling
Picketing of debtor's restaurant by union did not violate stay.
Procedural posture
Plaintiff debtor claimed that picketing by defendant labor union outside a building housing debtor's restaurant was driving away debtor's customers and thus violated the stay imposed per 11 U.S.C. § 362(a). Debtor sought an injunction to end the alleged violation. Defendant sought dismissal for failure to state a claim, arguing that the Norris-LaGuardia Act, 29 U.S.C. § 101 et seq., deprived the court of jurisdiction to enjoin the picketing.
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Court
:
Brown v. Pit Road Auto Serv. (In re Brown)
Aug
03
2007
Ruling
Sanctions, fees and punitive damages awarded to debtor due to creditors' knowing, intentional violation of stay and of court order for return of collateral.
Procedural posture
The matter was before the court on debtor's motion for contempt. Debtor filed the motion against respondents, two individuals and businesses, alleging violation of the automatic stay of 11 U.S.C. § 362(a). The court earlier granted the motion for contempt. It also earlier awarded debtor $2,244 for attorneys'fees and $3,300 for damages that had been caused to debtor's vehicle. The matter of punitive damages was taken under advisement.
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Court
:
In re Zambrano
Aug
03
2007
Ruling
Automatic stay applied to secured claim which debtor was paying directly to creditor.
Procedural posture
Debtors filed a petition under chapter 13, and a plan for paying their creditors. A creditor objected to confirmation of the debtors' plan because it did not state that the automatic stay did not apply to a secured claim the creditor held on an automobile the debtors owned.
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Court
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