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§ 362(c)(1)

TitleMax of Ga. Inc. v. Stanfield (In re Stanfield)

Feb
18
2016
Ruling
Automatic stay ceased to apply to pledged vehicle after expiration of extended redemption period.
Issue(s)
Should creditor be granted relief from stay to exercise its state-law rights and remedies against a motor vehicle under a prepetition title pawn contract?

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Consumer opinion summary, case decided on February 18, 2016 , LexisNexis #0316-043
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In re Pyburn

May
21
2014
Ruling
In rem proceeding to reform deed of trust did not violate stay.
Issue(s)
Did order granting stay relief against real property give creditor the right to reform a deed of trust, signed by debtor but not by debtor spouse?

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Consumer opinion summary, case decided on May 21, 2014 , LexisNexis #0614-044
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Santander Consumer USA Inc. v. Houlik (In re Houlik)

Oct
29
2012
Ruling
Award of sanctions for creditor's repossession of vehicle one year after confirmation and two months after case was closed without discharge reversed and vacated.
Procedural posture

Creditor challenged an order of the U.S. Bankruptcy Court for the District of Kansas awarding actual damages of $474 and punitive damages of $25,000 to appellees, the individual chapter 11 debtors, as a sanction for its repossession of their vehicle.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 29, 2012 , LexisNexis #1112-080
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PHH Mortgage Corp. v. Dick (In re Dick)

Feb
09
2007
Ruling
Property which was undisclosed in schedules and remained in estate was subject to stay.
Procedural posture

Plaintiff creditor filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant trustee's counterclaim against the creditor for damages and for violating the automatic stay under 11 U.S.C. § 362(h) by including a mobile home in a foreclosure action and by commencing a quiet title action.

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opinion summary, case decided on February 09, 2007 , LexisNexis #0307-130
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