- 11 U.S.C.
In re Tuecke
Oct
10
2006
Ruling
Postpetition wage garnishment violated stay, entitling debtor to actual damages, costs, attorneys'fees and punitive damages.
Procedural posture
The debtors filed a motion for sanctions against creditor for alleged violations of the automatic stay pursuant to 11 U.S.C. §§ 362(a)(6) and 362(h). The debtors alleged that the creditor garnished the wife debtor's wages postpetition.
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Court
:
- 11 U.S.C.
Nickless v. Kessler (In re Berman)
Sep
28
2006
Ruling
Challenge to probate court determination of debtor's interest in decedent's estate violated stay.
Procedural posture
Plaintiff chapter 7 trustee sued defendant life estate holder, seeking an order quieting title of certain property in his favor and recovery of the property taxes deferred by defendant. The trustee and defendant moved for summary judgment. The trustee and debtor moved for sanctions against defendant and her attorneys for willful violation of the automatic stay and a declaration that a state probate court order was void ab initio.
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Court
:
- 11 U.S.C.
Ampel v. Ampel (In re Ampel)
Sep
28
2006
Ruling
Former spouse's deductions from monthly alimony payments to debtor were impermissible setoffs in violation of stay.
Procedural posture
Movant husband sought relief from the automatic stay to obtain a determination in state court of dischargeability under 11 U.S.C. § 523(a)(5) of certain obligations of his ex- wife, respondent, debtor. That motion was denied, but in connection with the motion, the husband may have violated the automatic stay when he continued postpetition to deduct from the debtor's monthly alimony payments amounts to repay certain debts owed by the debtor.
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Court
:
In re Keaty
Sep
14
2006
Ruling
Non-coercive, non-harrassing, postpetition settlement offer, following pattern of prepetition talks, did not violate stay.
Procedural posture
Chapter 13 debtor moved for sanctions against a certain individual, claiming the individual violated the automatic stay under 11 U.S.C. § 362(a). Debtor alleged, inter alia, that a certain person, on behalf of the individual, contacted an attorney representing debtor in a matter not related to the instant case, regarding settlement of the individual's claim against debtor.
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Court
:
- 11 U.S.C.
Huskey v. Allen County Farmers Servs.
Sep
05
2006
Ruling
Stay violation could not be grounds for dismissal of personal injury case where debtor's prior conduct in the action was inconsistent with stay defense.
Procedural posture
Plaintiffs, a husband and wife, sued defendants, a farm supplier and a wire company, for damages from an alleged injury the husband received when wire was unloaded from his truck. Prior to the suit, the wire company filed for bankruptcy and a stay was issued pursuant to 11 U.S.C. § 362(a)(1) pending the bankruptcy's resolution. Before the federal district court were the wire company's motions for summary judgment and to file an amended answer.
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Court
:
- 11 U.S.C.
In re Miglia
Jun
29
2006
Ruling
Court allowed attorney's claim as unsecured since section 362(a)(4) barred attorney from perfecting by possession postpetition.
Procedural posture
An attorney who represented the debtors in a prepetition lawsuit filed a secured claim against the estate. The chapter 7 trustee objected to the claim asserting that the estate could not pay attorney's fees and that the attorney failed to perfect his lien.
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Court
:
- 11 U.S.C.
Adelphia Communs. Corp. v. America Channel LLC (In re Adelphia Communs. Corp.)
Jun
26
2006
Ruling
Court found violation of automatic stay since effort to block purchase of debtor's assets was attempt to exercise control over estate property.
Procedural posture
Plaintiff bankruptcy debtors, a cable television system, brought an adversary proceeding against defendants, a cable channel and its lawyers, seeking a declaration that defendants violated the automatic bankruptcy stay by pursuing an antitrust action against prospective purchasers of the debtors'assets, and seeking to enjoin defendants'pursuance of the action.
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Court
:
- 11 U.S.C.
Adelphia Communs. Corp. v. The America Channel LLC (In re Adelphia Communs. Corp.)
Jun
05
2006
Ruling
Court granted motion for TRO enjoining state court antitrust action since action violated automatic stay by interfering with estate's ability to dispose of its property.
Procedural posture
Plaintiffs, principal debtor and its subsidiaries in jointly administered chapter 11 cases, brought an adversary proceeding against defendants, a cable TV channel and its attorneys, pursuant to Fed. R. Bankr. P. 7065, Fed. R. Civ. P. 65(b), seeking a temporary restraining order ("TRO") enjoining the prosecution of an antitrust action in Minnesota that sought an injunction restraining the pending sale of the debtors'assets.
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Court
:
Holland v. Zimmerman (In re Zimmerman)
Apr
18
2006
Ruling
Modification of automatic stay was deemed appropriate to allow arbitration to continue since the arbitration statute did not conflict with the applicable section 523(a)(19) of the Bankruptcy Code.
Procedural posture
Plaintiffs, investors, filed a complaint to determine that defendant debtor's liability to them was excepted from discharge under 11 U.S.C. § 523(a)(2), (4) or (6). The court subsequently allowed the investors to amend their complaint to invoke the dischargeability exception in section 523(a)(19). The investors also filed a motion to lift the automatic stay of 11 U.S.C. § 362(a) to permit them to prosecute pending arbitration proceedings.
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Court
:
In re Jester
Apr
12
2006
Ruling
Debtor was awarded damages for creditor's willful violation of automatic stay.
Procedural posture
Debtor filed a motion for contempt of the automatic stay of 11 U.S.C. § 362(a) against creditor, the Philadelphia Parking Authority ("PPA"), for the latter's postpetition conduct in seizing and impounding debtor's vehicle and selling it to recover the costs of unpaid, prepetition, parking fines and storage costs.
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Court
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