- 11 U.S.C.
Acemla De P.R., In re
Mar
01
2019
Ruling
Debtor's urgent motion to show cause denied where automatic stay was terminated andcreditor was no longer subject to restrictions imposed by court in an earlier order modifyingand conditioning the stay. (Bankr. D.P.R.)
Issue(s)
Automatic Stay; Duration; All Other Acts; Until Case is Dismissed.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Maes, In re
Jul
31
2018
Ruling
Court denied debtor's motion as reimposing the automatic stay upon reopening the cases would contravene the explicit provisions of the bankruptcy code governing termination of the automatic stay. (Bankr. D.N.M.)
Issue(s)
Automatic Stay; Duration; All Other Acts.
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Court
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- 11 U.S.C.
In re Preferred Prop. Group LLC
Mar
31
2015
Ruling
Payments to debtor's attorneys pursuant to cash collateral order could not be recalled on FDIC's contention that the order was improperly issued.
Issue(s)
Could payments to debtor's attorney be recalled on FDIC claim that the payments were put to improper use?
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Court
:
- 11 U.S.C.
U.S. Bank v. Robinson (In re Robinson)
Oct
24
2014
Ruling
Postdismissal, pre-reinstatement foreclosure did not violate stay.
Issue(s)
Was foreclosure conducted between dismissal and reinstatement of debtor's case valid?
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- 11 U.S.C.
In re Langenderfer
Apr
23
2012
Ruling
Postdischarge collection of nondischargeable postpetition condominium fees did not violate stay.
Procedural posture
This proceeding was before the court on debtor's motion for sanctions for an alleged violation of the 11 U.S.C.S. § 362 automatic stay, and a creditor's response. In her motion, debtor alleged that the creditor violated the automatic stay by attempting to collect a discharged debt.
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Court
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- 11 U.S.C.
In re Mendez
Sep
26
2011
Ruling
Order issued in case with substantially consummated plan to provide relief from quarterly fees.
Procedural posture
A Chapter 11 debtor filed a motion to administratively close his case in order to avoid the hardship of quarterly fees owed to the U.S. trustee (UST) under 28 U.S.C.S. § 1930(a)(6). The Chapter 11 plan was already confirmed and payments to creditors had commenced.
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Court
:
- 11 U.S.C.
In Storozhenko
Sep
16
2011
Ruling
Stay remained in effect with respect to prepetition civil contempt judgment that had not yet been held nondischargeable.
Procedural posture
A state court receiver filed a motion seeking a determination that the automatic stay under 11 U.S.C.S. § 362(a) was not in effect to preclude him from attempting to collect a pre-petition civil contempt judgment against a Chapter 7 debtor from property that was not part of the bankruptcy estate.
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- 11 U.S.C.
Hamel-Schwulst v. Negrotto
Aug
05
2009
Ruling
Magistrate's recommendation that action against individual was subject to stay vacated upon notice of discharge.
Procedural posture
Plaintiff homeowner sued defendant insurer, surety, and other individuals, alleging fraud, misuse of a notary seal, alteration of a security instrument, and violations of the Real Estate Settlement Procedures Act. After one individual filed for bankruptcy, a magistrate judge recommended that the action be stayed as to him. Before an amended recommendation was referred to the district court, the homeowner moved for a stay.
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Court
:
- 11 U.S.C.
In re Agundez
Jun
01
2007
Ruling
Automatic stay expired as to debtors in personam upon discharge, but relief from stay was necessary as to the estate in order to allow foreclosure to proceed.
Procedural posture
In debtors'chapter 7 case, movant bank, on April 23, 2007, filed a motion, notice, and declaration requesting that the court vacate the automatic stay to permit it to foreclose upon real property.
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Court
:
- 11 U.S.C.
In re Morales
Mar
28
2007
Ruling
Court refused to extend stay where debtor's third bankruptcy was severely underfunded.
Procedural posture
A chapter 13 debtor filed a motion to extend or impose the automatic stay, pursuant to 11 U.S.C. § 362(c)(4). The United States Department of Agriculture ("USDA") filed a resistance to the motion.
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Court
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