Skip to main content

§ 362(a)

Roche v. Pep Boys Inc. (In re Roche)

Dec
29
2005
Ruling
Judgment creditor and its attorney willfully violated the automatic stay by failing to dismiss a prepetition bank garnishment and seek adequate protection within a reasonable time.
Procedural posture

Plaintiff debtor, in count one, sought an emergency turnover of property and release of a garnishment. Claim two sought damages for willful violation of the automatic stay due to the fact that defendants, a judgment creditor and its attorney, failed to immediately release the garnishment upon learning about the filing of the bankruptcy petition. Cross-motions for summary judgment were pending.

ABI Membership is required to access the full summary of Roche v. Pep Boys Inc. (In re Roche) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on December 29, 2005 , LexisNexis #0306-012
LexisNexis Article
Learn More

Jimenez v. Wells Fargo Bank N.A. (In re Jimenez)

Dec
21
2005
Ruling
Bank violated an automatic stay by freezing the debtor's accounts after learning of the debtor's filing.
Procedural posture

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant bank, alleging that the bank violated the automatic bankruptcy stay provisions of 11 U.S.C. § 362(a)(3) by freezing the debtor's accounts after learning of her bankruptcy. The debtor and the bank cross-moved for summary judgment.

ABI Membership is required to access the full summary of Jimenez v. Wells Fargo Bank N.A. (In re Jimenez) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on December 21, 2005 , LexisNexis #0306-013
LexisNexis Article
Learn More

Goldschmidt v. Erickson (In re Erickson)

Sep
15
2005
Ruling
Court granted individual with a state discrimination claim relief from the automatic stay to pursue that claim and saved for later dischargeability ruling on any judgment.
Procedural posture

Movant, who was also a discrimination claimant in a state court, commenced an adversary proceeding alleging, inter alia, that a pregnancy discrimination claim of $500,000 brought in the state court was excepted from discharge pursuant to 11 U.S.C. § 523(a)(6). Movant sought relief from the 11 U.S.C. § 362(a) automatic stay. Debtor was the respondent.

ABI Membership is required to access the full summary of Goldschmidt v. Erickson (In re Erickson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on September 15, 2005 , LexisNexis #0106-042
LexisNexis Article
Learn More

Rutherford v. Auto Cash Inc. (In re Rutherford)

Aug
29
2005
Ruling
Sanctions for willful violation of the automatic stay were imposed on a creditor who repossessed a vehicle prior to the debtor's filing and refused turnover without a court order.
Procedural posture

Plaintiffs, debtors, sought sanctions against defendant creditor pursuant to 11 U.S.C. § 362(h). The debtors contended that the creditor willfully violated the automatic stay when it refused to turn over a vehicle, which the creditor repossessed prior to the filing of the petition. The creditor argued that before turning over the vehicle, it was entitled to a court order determining that the creditor's interest in the vehicle was adequately protected.

ABI Membership is required to access the full summary of Rutherford v. Auto Cash Inc. (In re Rutherford) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 29, 2005 , LexisNexis #0106-075
LexisNexis Article
Learn More

Chelsea Woods Condo. v. Okupe (In re Okupe)

Aug
11
2005
Ruling
Creditor's motion to terminate automatic stay was granted since evidence showed a foreclosure sale on the debtor's condo occurred prior to filing.
Procedural posture

Movant creditor filed a request for an order to terminate or annul the automatic stay of 11 U.S.C. § 362(a) in order to consummate a foreclosure sale of respondent debtor's condominium unit.

ABI Membership is required to access the full summary of Chelsea Woods Condo. v. Okupe (In re Okupe) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 11, 2005 , LexisNexis #0106-074
LexisNexis Article
Learn More

In re Freeman

Jun
01
2005
Ruling
Creditor did not violate automatic stay when the debtors made postpetition payments on a collateralized debt that was to be reaffirmed but had not yet been reaffirmed.
Procedural posture

The debtors filed a petition for relief under chapter 7 of the Code. The debtors filed a motion for an order directing the turnover of monies held by a creditor. The creditor filed an objection to the motion. The court treated the matter as an action for a violation of the automatic stay under 11 U.S.C. § 362, pursuant to the court's authority under 11 U.S.C. § 105(a), together with Fed. R. Bankr. P. 7015 and 9014.

ABI Membership is required to access the full summary of In re Freeman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 01, 2005 , LexisNexis #0106-110
LexisNexis Article
Learn More
Subscribe to %1