- 11 U.S.C.
In re Maggio
May
30
2012
Ruling
Motion to extend stay denied due to debtor's failure to rebut presumption of bad faith.
Procedural posture
A chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(4)(B).
ABI Membership is required to access the full summary of In re Maggio Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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.
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
Court
:
In re Streett
Apr
23
2012
Ruling
Trustee ordered to distribute funds to tax authority from preconfirmation plan payments based on warrant issued after dismissal but prior to reinstatement.
Procedural posture
The New Mexico Taxation and Revenue Department (Department) filed a motion for an order directing distribution of funds held by the chapter 13 trustee.
ABI Membership is required to access the full summary of In re Streett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Washington
Feb
23
2012
Ruling
Stay imposed in debtor's third case filed within one year due to rebuttal of presumption of bad faith.
Procedural posture
A chapter 13 debtor filed a motion to impose the automatic stay pursuant to 11 U.S.C.S. § 362(c)(4).
ABI Membership is required to access the full summary of In re Washington Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Rodriguez
Dec
21
2011
Ruling
Stay extended in debtor's second chapter 11 case in one year given preponderance of evidence that plan would be confirmed and fully performed.
Procedural posture
Chapter 11 debtors filed a motion to extend the automatic stay as to all creditors. A bank holding promissory notes secured by real property objected.
ABI Membership is required to access the full summary of In re Rodriguez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Miller v. Kelly
Nov
04
2011
Ruling
Motion for attorneys' fees and sanctions subject to thirty day stay in debtor's second bankruptcy case.
Procedural posture
Plaintiff bankruptcy debtor sued defendant for libel. After the claim was dismissed for failure to prosecute, defendant moved for attorney's fees and sanctions. The debtor moved to postpone or strike defendant's motion as barred by the automatic stay under 11 U.S.C.S. § 362.
ABI Membership is required to access the full summary of Miller v. Kelly Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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.
ABI Membership is required to access the full summary of In re Mendez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
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
Court
:
- 11 U.S.C.
In re Fitzpatrick
Sep
07
2011
Ruling
Extension of stay in debtor's sixth chapter 13 case denied due to bad faith.
Procedural posture
Chapter 13 debtor filed a motion for an extension of the automatic stay as to all creditors pursuant to 11 U.S.C.S. § 362(c)(3)(B).
ABI Membership is required to access the full summary of In re Fitzpatrick Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Contino
Jul
20
2011
Ruling
Presumption of Bad Faith.
Procedural posture
The chapter 7 debtors filed a motion for extension of the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3). A mechanics lien creditor opposed the motion.
ABI Membership is required to access the full summary of In re Contino Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: