- 11 U.S.C.
United States v. Kummer (In re Kummer)
Jan
07
2009
Ruling
Stay pending appeal of denial of United States motion for relief from stay to offset debtor's tax debt with 2007 refund and stimulus rebate denied.
Procedural posture
Appellant had earlier filed a motion pursuant 11 U.S.C.S. § 362(d)(1) for relief from the Bankruptcy Code's automatic stay provisions. Through this motion, the United States sought to offset appellee debtor's tax debt with his 2007 refund and rebate. Presently before the court was the United States'emergency motion to consolidate appeals and stay pending appeal.
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Court
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- 11 U.S.C.
In re Burch
Oct
22
2008
Ruling
Relief from stay granted to allow landlord to enforce prepetition notice to quit against debtor Section 8 tenant on grounds of expiration of lease.
Procedural posture
Movants, a real estate broker and a landlord, filed a motion for relief from the automatic stay under 11 U.S.C.S. § 363(d)(1), in the alternative for declaratory relief, to allow the landlord to exercise state law remedies against the chapter 13 debtor/tenant.
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Court
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- 11 U.S.C.
In re Simmons
Jul
31
2008
Ruling
Mortgage creditor not entitled to relief from stay due to failure to keep accurate records of debtor's account.
Procedural posture
Creditor, which held a mortgage on the debtors' home, filed a motion for relief from the automatic stay.
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Court
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- 11 U.S.C.
In re Dumas
Jul
31
2008
Ruling
Relief from stay granted to allow creditor landlord to evict sublessee debtor.
Procedural posture
Pursuant to 11 U.S.C.S. § 362(d)(1), movant landlord sought relief from a stay in the chapter 13 debtor's bankruptcy case in order to conclude a proceeding to evict the debtor and business from its building. The debtor objected, asserting, inter alia, that as a subtenant on the lease, he had a right to exercise the renewal option contained in the lease.
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Court
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- 11 U.S.C.
MCS Acquisition Corp. v. Gilpin (In re Gilpin)
Jul
17
2008
Ruling
Bankruptcy court erred in denying relief from stay to allow creditor to pursue rights under judicially approved covenant not to compete.
Procedural posture
Adversary plaintiff, a creditor and the former employer of defendant debtor, appealed from an order of the United States Bankruptcy Court for the Northern District of Ohio, Eastern Division, that denied its motion for relief from the automatic stay on its motion to enforce a covenant not to compete against the debtor. At issue was whether its equitable rights under the covenant not to compete constituted a claim under 11 U.S.C.S. § 101(5)(B).
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re J&M Salupo Dev. Co.
Jun
11
2008
Ruling
Relief from stay granted to creditor due to lack of adequate protection in home constructed by debtor.
Procedural posture
Debtor filed for relief under chapter 7 of the Bankruptcy Code. A creditor filed for a relief from the automatic stay and for abandonment. The purchasers objected to the motion.
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Court
:
- 11 U.S.C.
In re Strug-Division LLC
Jan
14
2008
Ruling
Relief from stay granted to allow creditor to proceed against loans in absence of adequate protection.
Procedural posture
In jointly administered proceedings the four related debtors filed for relief under chapter 11. A secured creditor filed a motion for relief from the automatic stay under 11 U.S.C. § 362, alternatively for dismissal or appointment of a chapter 11 trustee.
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Court
:
- 11 U.S.C.
In re Armstrong & Guy Law Office LLC
Dec
21
2007
Ruling
Relief from stay granted to allow attorneys'fee litigation related to Fen-Phen liability cases to move forward.
Procedural posture
In a state court civil action, debtors were scheduled to defend a case involving contract and fee-splitting disputes among attorneys in the prosecution of numerous Fen-Phen cases. After the debtors filed voluntary chapter 11 petitions, the attorneys sought modifications of the automatic stay under 11 U.S.C. § 362(d)(1) to permit the underlying litigation to go forward.
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Court
:
- 11 U.S.C.
In re Weiss
Oct
23
2007
Ruling
Creditor with improperly granted security interest in debtor's business interests not entitled to relief from stay.
Procedural posture
The matter came before the court on the motion, opposed by debtor, of two creditors for relief from the automatic stay. The creditors sought relief from the stay in order to foreclose on their collateral pursuant to 11 U.S.C. § 362(d).
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Court
:
- 11 U.S.C.
In re W.R. Grace & Co.
Apr
13
2007
Ruling
Court denied relief from stay that would have allowed state to join debtor in 120 asbestos claims actions.
Procedural posture
The State of Montana filed a motion for relief from the automatic stay so that the debtors could be joined as third-party defendants in 120 actions currently pending against the State of Montana in Montana state courts (state court actions). These actions alleged violations of the State's independent duty to its citizens.
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Court
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