§ 362(b)

In re Palmieri

A chapter 13 debtor filed a motion for sanctions for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k), alleging that his former spouse violated § 362(a)(1) and (3) and arguing that § 362(b)(2)(A)(ii) did not except the filing from the automatic stay.
Ruling: 
Postpetition motion for spousal support filed in state court was excepted from stay.
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Consumer case opionion summary, case decided on November 21,2011, LexisNexis #0212-074

In re Anderson

A court-appointed representative of a bankruptcy debtor's minor children in the debtor's proceeding for dissolution of marriage sought to recover fees for the representative's services for which the debtor was liable. The representative moved for relief from the automatic bankruptcy stay to allow collection of the fees as a domestic support obligation.
Ruling: 
Relief from stay granted to allow representative of debtor's minor children to collect fees from marriage dissolution as a domestic support order.
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Consumer case opionion summary, case decided on October 17,2011, LexisNexis #1111-043

Perez Mujica v. FirstBank P.R. (In re Perez Mujica)

Plaintiff debtor, brought an adversary proceeding seeking a holding that defendant creditor did not have a perfected mortgage lien over its real property under P.R. Laws Ann. tit. 30, § 2260, and was unsecured. The creditor asserted it was entitled to relief from the automatic stay under 11 U.S.C.S. § 362(b)(3). The parties filed cross motions for summary judgment. The mortgage in issue was unrecorded at the time of the bankruptcy filing.
Ruling: 
Relief from stay denied where creditor had not recorded mortgage and was unsecured.
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Consumer case opionion summary, case decided on September 08,2011, LexisNexis #1011-004

Secrest v. Secrest (In re Secrest)

Creditor wife sought relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(b)(2) or (d)(1), to pursue equitable distribution of the property owned with debtor husband, in a pending divorce case. The debtor and the chapter 7 trustee opposed her motion.
Ruling: 
Relief from stay granted to allow debtor's spouse equitable distribution provided no property was transferred out of the estate.
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Consumer case opionion summary, case decided on July 15,2011, LexisNexis #0811-075

Reedsburg Util. Commn v. Grede Foundries Inc. (In re Grede Foundries Inc.)

Appellant, a municipal utility, challenged a decision of the U. S. District Court for the Western District of Wisconsin, affirming a bankruptcy court judgment that the utility violated the automatic stay, 11 U.S.C.S. § 362, by sending delinquency notices to appellee debtor and reporting the delinquencies to the city.
Ruling: 
Utility's deficiency notices violated stay where utility did not have a prepetition interest in debtor's property.
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Commercial case opionion summary, case decided on July 13,2011, LexisNexis #0811-006

Valle v. Montgomery County (In re Valle)

Chapter 7 debtor filed an amended adversary complaint against defendant creditor county, asserting that the county's postpetition efforts to enforce parking citations and fines therefor, violated the automatic stay. The county argued that the fines were criminal in nature, and were excepted from the automatic stay under 11 U.S.C.S. § 362(b)(1). The parties filed cross-motions for summary judgment.
Ruling: 
Efforts to enforce parking tickets and fines were within police and regulatory powers exception to stay.
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Consumer case opionion summary, case decided on June 17,2011, LexisNexis #0811-007

Chizzali v. Gindi (In re Gindi)

Judgment creditor challenged a decision of the U.S. Bankruptcy Appellate Panel of the Tenth Circuit, which affirmed a bankruptcy court decision refusing to lift the automatic stay to permit further proceedings regarding two issues raised by the creditor in his appeals arising out of a lawsuit by the creditor against appellee debtor. The bankruptcy court also ruled that the stay did not apply to the debtor's separate appeal.
Ruling: 
Appeal of dismissal of contempt citation was not exempt from stay.
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Consumer case opionion summary, case decided on February 14,2011, LexisNexis #0311-005

In re Clifton

Debtor filed a motion to show cause why the automatic stay provision of 11 U.S.C.S. § 362(a) had not been violated by the Secretary of Labor due to a complaint filed by the Secretary against the debtor in federal court. Debtor also filed a motion seeking an injunction and sanctions against the Secretary.
Ruling: 
Secretary of Labor's complaint regarding debtor's ERISA violations was within police and regulatory powers exception to stay.
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Consumer case opionion summary, case decided on August 03,2010, LexisNexis #0910-107

In re Roth

Creditor, a law firm that had represented the debtor in nonbankruptcy matters pre-petition, filed a motion to dismiss the chapter 13 debtor's case and also objected to the confirmation of the chapter 13 plan. The creditor held an unsecured claim of $57,260.90 for unpaid legal fees.
Ruling: 
Retirement income and 401(k) loan repayments were not disposable income.
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Consumer case opionion summary, case decided on June 14,2010, LexisNexis #0910-074

In re St. Vincents Catholic Med. Ctrs.

In this bankruptcy case the debtors, a hospital and group of clinics, sought to close the hospital. A group of plaintiffs (state court plaintiffs) filed a state court action against the state health department seeking to stop the hospital closure. Before the bankruptcy court, the state plaintiffs sought to lift the stay under 11 U.S.C.S. § 362 and filed an objection to the final closure order.
Ruling: 
Taxpayer plaintiffs in state court action to prevent closing of debtor's hospital lacked standing to seek relief from stay.
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Commercial case opionion summary, case decided on May 14,2010, LexisNexis #0810-002

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