- 11 U.S.C.
In re Rusell
Nov
18
2010
Ruling
Debtor awarded attorneys' fees for creditor's wrongful garnishment in violation of stay.
Procedural posture
A Chapter 7 debtor filed a motion of contempt of court and for violation of the automatic stay against a creditor that continued the garnishment of the debtor's wages after the debtor's petition was filed. The debtor sought the amount of funds wrongfully garnished plus statutory interest, attorney's fees, and punitive damages pursuant to 11 U.S.C.S. § 362(k).
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Court
:
- 11 U.S.C.
In re Clark
Nov
10
2010
Ruling
Relief from stay granted to allow bank to foreclose in absence of adequate protection.
Procedural posture
Debtor filed a petition under chapter 7 and a trustee was appointed to administer the debtor's bankruptcy estate. Movant bank filed a motion seeking relief under 11 U.S.C.S. § 362(d)(1) from the stay that was imposed when the debtor declared bankruptcy, and the trustee filed an objection to the motion and asked the bankruptcy court to determine the value of a house the debtor owned.
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Court
:
- 11 U.S.C.
In re Calloway
Oct
28
2010
Ruling
Vehicle leased by debtor who failed to assume true lease was owned by lessor and was not property of the estate.
Procedural posture
In a Chapter 13 case, a bank filed a motion for relief from stay for cause or for adequate protection under 11 U.S.C.S. § 362(d)(1). The bank's claim concerned the debtors' vehicle.
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Court
:
- 11 U.S.C.
In re Wensons Prop. Mgmt.
Aug
13
2010
Ruling
Relief from stay to enforce interest in commercial property granted where qualified expert established that creditor was not adequately protected.
Procedural posture
A creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1). As cause, the creditor asserted that its security interest in a chapter 11 debtor's commercial property was not adequately protected.
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Court
:
- 11 U.S.C.
In re WGMJR Inc.
Aug
09
2010
Ruling
Stay lifted where single real estate asset debtor filed case in bad faith and could not provided adequate protection.
Procedural posture
A creditor of chapter 11 debtor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1).
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Court
:
- 11 U.S.C.
In re Sweet N Sour 7th Ave. Corp.
Jun
18
2010
Ruling
Stay lifted to allow debtor to vacate eviction order and possibly assume lease.
Procedural posture
Movant, the landlord and a creditor of the debtor, moved the court for an order modifying the automatic stay to permit the it to enforce a prepetition warrant of eviction it had obtained against the debtor, terminating the lease. The landlord also sought to apply the debtor's security deposit to past-due rent, arguing that it was entitled to exercise the right of recoupment as to the deposit.
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Court
:
- 11 U.S.C.
In re Morris
May
27
2010
Ruling
Stay lifted to allow creditor to liquidate, but not enforce, its claim.
Procedural posture
Before the court was a creditor's motion for an order (1) lifting the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) to allow it to proceed with certain state court litigation, (2) waiving the 14-day stay imposed by Fed. R. Bankr. P. 4001(a)(3) upon entry of an order granting a motion for relief from stay, and (3) extending its time to object to discharge pursuant to Fed. R. Bankr. P. 4004(b). Debtors filed an Opposition.
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Court
:
- 11 U.S.C.
In re Johnson
May
06
2010
Ruling
Relief from stay granted to enforce security interest in truck owned by debtor's brother's corporation that was in possession of debtor.
Procedural posture
Creditor moved for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) on the basis that certain personal property in the possession of the debtor did not constitute "property of the estate," as defined under 11 U.S.C.S. § 541. The debtor filed a timely objection to the motion, asserting that the creditor was adequately protected.
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Court
:
- 11 U.S.C.
In re Kelly
Apr
28
2010
Ruling
Creditor granted relief from stay to file and foreclose on lien against real property but not to collect personally from debtor.
Procedural posture
Movant creditor, a homeowner's association, filed a motion for relief from the automatic stay in debtor's chapter 13 case. The creditor sought relief from stay in order to record a lien against debtor's real property and foreclose on that lien, as well as to file a lawsuit against debtor to collect unpaid homeowner's assessments. The motion for relief came on for hearing on February 22, 2010.
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Court
:
- 11 U.S.C.
In re Center 130 LLC
Mar
11
2010
Ruling
Relief from stay denied to high bidder at prepetition foreclosure sale as property was necessary for effective reorganization.
Procedural posture
Debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code and continued to operate as debtor-in-possession. Movant creditor moved for relief from the automatic stay under 11 U.S.C.S. § 362.
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Court
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