- 11 U.S.C.
In re Singer
Apr
20
2007
Ruling
Creditor's postpetition retention of repossessed vehicle was a willful violation of stay.
Procedural posture
Creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C. §§ 362 and 1301 to allow repossession and sale of chapter 13 debtor's vehicle and, in the alternative, for adequate protections pursuant to 11 U.S.C. § 1326(a)(1)(C). The court also considered whether creditor's postpetition retention of the vehicle was a willful violation of the automatic stay and if so, what damages, if any, debtor was entitled to.
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McGee v. Green Tree Serv. LLC (In re McGee)
Apr
17
2007
Ruling
Stay lifted on payment default pursuant to agreement between debtor and creditor reimposed upon payment of outstanding amount.
Procedural posture
Plaintiff chapter 13 debtor filed a complaint against defendant creditor, asking the court to determine that the automatic stay of 11 U.S.C. § 362(a) was either still in effect; and/or, to reimpose the stay against the creditor's foreclosure attempt against the debtor's residence.
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Court
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- 11 U.S.C.
Connor v. Countrywide Bank (In re Connor)
Apr
02
2007
Ruling
Creditor's monthly statements did not violate stay during chapter 13 case but did violate stay after conversion to chapter 7.
Procedural posture
After plaintiff debtor filed a complaint alleging violations of 11 U.S.C. § 362(a)(6), the court partially granted defendant creditor's motion to dismiss, finding that the complaint did state a claim as to a letter sent to the debtor but that monthly statements sent to the debtor did not constitute stay violations. The debtor filed a motion for reconsideration.
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Court
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In re Gellington
Mar
08
2007
Ruling
Garnishment of debtor's wages by State after erroneous omission of support payments violated stay, but State was not subject to sanctions.
Procedural posture
Chapter 13 debtor filed a motion for sanctions pursuant to 11 U.S.C. § 362(a), asking the court to sanction the Office of the Attorney General for the State of Texas and its agent, an Assistant Attorney General, for willful violation of the automatic stay and to require the return of the funds that had garnished since the bankruptcy filing.
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Court
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Kreisler v. Goldberg
Feb
26
2007
Ruling
Stay did not apply to bar ejectment action against debtor's non-debtor subsidiary.
Procedural posture
In a chapter 11 proceeding initiated by appellants, corporate debtors, the District Court for the District of Maryland affirmed the bankruptcy court's denial of the debtors'motion for sanctions against appellees, creditors, for alleged violation of the automatic stay, to void ejectment and to turn over property and rents collected. The debtors appealed.
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Caldwell v. McMahans of Lancaster Inc. (In re Caldwell)
Dec
17
2006
Ruling
Creditor's failure to recall arrest warrant for debtor's non-appearance at examination was a willful stay violation.
Procedural posture
Plaintiff debtor was arrested pursuant to a warrant resulting from her failure to appear at a debtor's examination following the entry of a default small claims judgment against her in favor of defendant creditors. The debtor filed a complaint seeking damages from the creditors for a violation of the automatic stay under 11 U.S.C. § 362(k)(1).
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Court
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In re Peck
Nov
27
2006
Ruling
Relief from stay granted to allow creditor to pursue legal malpractice and embezzlement action against debtor in order to collect from debtor's insurer.
Procedural posture
A creditor filed a motion seeking relief from the automatic stay of 11 U.S.C. § 362(a) to allow her to pursue claims against the debtor's insurer, and state that she intended to seek a judgment against the debtor to pursue her rights against the insurer. The creditor filed an amended motion requesting additional relief to pursue such remedies as may have been available through the State of Connecticut Judicial Branch's client security fund.
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Hatfield v. Providian (In re Hatfield)
Nov
13
2006
Ruling
Creditor had no duty to notify assignee of debtor's bankruptcy.
Procedural posture
Defendant creditor moved to dismiss an adversary complaint filed by plaintiff debtor alleging that defendant violated the automatic stay imposed by 11 U.S.C. § 362. At issue was whether, by failing to notify an entity to which plaintiff's account had been assigned, which entity then acted in violation of the stay, defendant violated 11 U.S.C. § 362(a) and whether defendant had a legal duty to advise its assignee of the bankruptcy filing.
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Delta Air Lines Inc. v. Bibb (In re Delta Air Lines)
Nov
03
2006
Ruling
Government's deduction of prepetition overpayments from postpetition transportation payments was barred by automatic stay.
Procedural posture
Plaintiff debtors filed an adversary proceeding against defendants, the acting administrator of the General Services Administration and the United States (Government), contending that the Government was precluded from deducting amounts that the Government allegedly "overpaid"to the debtor for purchased services. The parties filed cross-motions for summary judgment.
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Singleton v. Countrywide Home Loan Inc. (In re Singleton)
Oct
27
2006
Ruling
Foreclosure conducted after dismissal and prior to reopening of chapter 13 case did not violate stay.
Procedural posture
In a chapter 13 case, appellant debtor sued appellees, a creditor and its transferees, contending that the foreclosure and transfer of certain real property violated the automatic stay of 11 U.S.C. § 362(a). A bankruptcy court granted summary judgment in favor of appellees and denied the debtor's motion for reconsideration. The debtor sought review.
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