Skip to main content

§ 362(c)(2)(C)

In re Langenderfer

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.

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

Consumer opinion summary, case decided on April 23, 2012 , LexisNexis #0512-045

In Storozhenko

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.

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

Consumer opinion summary, case decided on September 16, 2011 , LexisNexis #1011-038

In re Agundez

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.

ABI Membership is required to access the full summary of In re Agundez 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, 2007 , LexisNexis #0807-007

In re Stewart

Ruling
Post-discharge motion to vacate stay to allow foreclosure was moot.
Procedural posture

Debtor was discharged from all dischargeable debts, and movant creditor filed a motion, notice, and declaration requesting that the court vacate the automatic stay to permit movant to foreclose upon mortgaged property.

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

opinion summary, case decided on February 14, 2007 , LexisNexis #0407-112

United States v. White

Ruling
Post-confirmation assessment of tax liability was erroneously invalidated by district court.
Procedural posture

Plaintiff United States appealed from the District Court for the Northern District of Georgia, challenging the invalidation of its assessment of a tax liability against defendant debtor following confirmation of the taxpayer's chapter 11 bankruptcy plan.

ABI Membership is required to access the full summary of United States v. White Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on October 11, 2006 , LexisNexis #1106-081