- 11 U.S.C.
In re Cochonour
Aug
02
2007
Ruling
Administrator of decedent's estate violated stay by filing forgery action against debtor.
Procedural posture
A chapter 7 debtor claimed that a decedent's estate and an attorney who represented the estate violated the automatic stay provision of 11 U.S.C. § 362, he filed a motion to impose sanctions, pursuant to 11 U.S.C. § 362(k), on the estate and the attorney. The estate and the attorney opposed the motion.
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Court
:
- 11 U.S.C.
Midkiff v. Lowes Home Ctrs. Inc.
Jul
30
2007
Ruling
Action against store that sold collapsed ladder subject to stay in manufacturer's bankruptcy.
Procedural posture
Plaintiff customer asserted a breach of warranty claim pursuant to the Uniform Commercial Code, Va. Code Ann. §§ 8.01-1 et seq. (2006), against defendant store to recover damages for injuries she sustained when a ladder she purchased from the store collapsed while in use. Before the court was the store's motion for summary judgment or, in the alternative, to stay proceedings pending the outcome of a manufacturer's bankruptcy proceedings.
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Court
:
- 11 U.S.C.
Radcliffe v. International Painters & Allied Trades Ind. Pension Fund (In re Radcliffe)
Jul
19
2007
Ruling
Pension fund's failure to pay debtor regular monthly benefits constituted a willful violation of stay.
Procedural posture
Plaintiff debtor sought a determination against defendant pension fund that actions undertaken by the fund as to pension benefits payable to debtor under a qualified plan constituted a violation of the automatic stay of 11 U.S.C. § 362(a). Pending was a motion of the fund, deemed by the court to request review of matters addressed in the court's March 17, 2007 order prior to entry of final judgment. The fund sought relief from stay.
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Court
:
- 11 U.S.C.
In re Enyedi
Jul
12
2007
Ruling
Dismissal of state court action that was property of the estate violated stay.
Procedural posture
Chapter 7 trustee filed a motion to have a state court dismissal of a lawsuit filed by the debtors declared void ab initio on the grounds that the dismissal order violated the automatic stay under 11 U.S.C. § 362(a)(3), have the defendants in the state court lawsuit assessed compensatory and punitive damages, and attorney fees and costs, based upon their willful violation of the automatic stay.
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Court
:
- 11 U.S.C.
In re James
Jul
09
2007
Ruling
Notices of sale of tax liens containing legend required by Fair Debt Collection Practices Act did not violate stay.
Procedural posture
In separate cases, bankruptcy debtors moved for a finding that communications to the debtors from the former servicer of municipal tax liens against the debtors constituted attempts to collect prepetition debts from the debtors in violation of the automatic bankruptcy stay under 11 U.S.C. § 362(a)(5).
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Court
:
In re Carter
May
24
2007
Ruling
Refusal of university to release debtor's daughter's diploma and academic records did not violate stay.
Procedural posture
The debtors filed a motion to compel against creditor, a university. Because the student accounts of the debtors'daughters were unpaid, the university enforced its policy regarding payment and refused to release the daughters'academic records and diploma. At issue was whether the university's refusal to release the documents was a violation of 11 U.S.C. § 362(a).
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:
Flores v. DDJ Inc.
May
22
2007
Ruling
Two year limitation on trustee's powers does not end the automatic stay.
Procedural posture
Plaintiff judgment creditors obtained a jury verdict for damages against defendant judgment debtors. After a judgment was entered, the creditors moved to add as judgment debtors various individuals and entities. The debtors filed petitions to commence chapter 7 bankruptcy. The court stayed the action pursuant to 11 U.S.C. § 362(a). One of the creditors moved for an order to calendar a hearing date certain on the motion to add judgment debtors.
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Green Tree Serv. LLC v. Ivy (In re Ivy)
May
18
2007
Ruling
Postpetition tax sale violated stay and was void.
Procedural posture
Plaintiff creditor filed a Fed. R. Bankr. P. 7056 motion for summary judgment on an adversary proceeding to set aside defendant county assessor's sale of defendant debtor's home to defendant buyer for delinquent taxes as violative of the automatic stay, pursuant to 11 U.S.C. § 362(a).
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Court
:
- 11 U.S.C.
Live Nation Worldwide Inc. v. GTA Inc.
May
18
2007
Ruling
Creditor could proceed against guarantor without first proceeding against debtor.
Procedural posture
A debtor executed a sublease whereby it agreed to sublease from plaintiff corporation. Concurrently with the sublease, defendant guarantor entered into a guaranty. The debtor filed a petition for relief under chapter 11. The corporation sued the guarantor to enforce the unconditional guaranty of payment. The corporation moved for summary judgment under Fed. R. Civ. P. 56.
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Court
:
- 11 U.S.C.
In re Healthessentials Solutions Inc.
May
17
2007
Ruling
Automatic stay applied to government lawsuit under False Claims Act.
Procedural posture
The United States (Government) filed a motion seeking entry of an order declaring that the automatic stay of 11 U.S.C. § 362(a)(1) did not apply to the Government's pursuit of a lawsuit under the False Claims Act, 31 U.S.C. § 3729-33.
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Court
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