- 11 U.S.C.
Bedford Hill Cmty. v. Brown (In re Brown)
Feb
01
2016
Ruling
Landlord denied relief from stay to enforce judgment of possession where debtor still had valid appellate rights.
Issue(s)
Whether debtor tenant's failure to maintain a stay of execution during the pendency of appeal alters the nature of the magistrate's decision regarding possession and accords it the requisite "finality" necessary to allow Bedford Hill to proceed with an eviction without a court order?
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Court
:
- 11 U.S.C.
SEC v. Miller
Dec
18
2015
Ruling
Asset freeze in SEC enforcement action did not violate the automatic stay.
Issue(s)
Whether an asset freeze order obtained by the Securities and Exchange Commission constituted an action to collect on an anticipated money judgment and violated the automatic stay?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re 800 Bourbon St. LLC
Nov
20
2015
Ruling
Lien that was invalidated postpetition could be continued without violating the automatic stay and was not subject to avoidance.
Issue(s)
Should lien that was invalidated after the petition date be avoided?
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Court
:
- 11 U.S.C.
Stewart v. Hampton Co. Natl Sur. LLC (In re Stewart)
Nov
17
2015
Ruling
Criminal affidavit for embezzlement was excepted from the automatic stay.
Issue(s)
Where creditor and debtor entered into an agreed judgment after creditor filed a civil suit to recover premiums that debtor owed it as its bonding agent, and where debtor failed to abide by the terms of the judgment and filed a bankruptcy petition after creditor filed a suggestion for writ of garnishment, whether a criminal affidavit filed against debtor by creditor for embezzlement fell within the exception to the automatic stay in 11 U.S.C.S. § 362(b)(1).
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Court
:
- 11 U.S.C.
Instituto Medico Del Norte Inc. v. Municipality of Vega Baja (In re Instituto Medico Del Norte Inc.)
Oct
05
2015
Ruling
Municipality's motion to dismiss stay violation proceeding denied where complaint set forth a plausible cause of action.
Issue(s)
Should proceeding for stay violation be dismissed on grounds that creditor municipality's actions were deficiency notifications that were excepted from the automatic stay?
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Court
:
- 11 U.S.C.
In re Enright
Aug
13
2015
Ruling
Stay lifted for sole purpose of requesting state court ruling on recoupment of alleged child support overpayments by debtor's former spouse.
Issue(s)
Should relief from stay be granted to allow debtor's former spouse to recover alleged overpayment of child support?
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Court
:
- 11 U.S.C.
In re Williams
Apr
01
2015
Ruling
Revocation of debtor's participation in state court ordered diversion program due to failure to make payments was part of a criminal proceeding and excepted from stay.
Issue(s)
Was state court's action in revoking diversion program providing for restitution in criminal case due to debtor's failure to make required payments a violation of the automatic stay?
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Court
:
- 11 U.S.C.
In re Tatum
Mar
06
2015
Ruling
Relief from stay denied where creditor's "judgment for possession" was not final.
Issue(s)
Was judgment for possession that was still subject to appeal a final so as to allow creditor to seek relief from stay to enforce the judgment?
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Court
:
- 11 U.S.C.
Branch v. 30th Dist. Court City of Highland Park (In re Branch)
Feb
06
2015
Ruling
City's action to enforce traffic violation was not subject to the automatic stay.
Issue(s)
Did city violate the automatic stay by prosecuting traffic violation against debtor?
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Court
:
- 11 U.S.C.
In re MA Salazar Inc.
Dec
08
2014
Ruling
Village's action in demolishing an unsafe structure on debtor's property was taken in the exercise of its police and regulatory powers and did not violate stay.
Issue(s)
Should village be held in contempt for demolishing allegedly unsafe structure on debtor's property without consulting the bankruptcy court regarding the applicability of the automatic stay?
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Court
: