In re Anderson

Feb

2006

Ruling

Owner's motion to annual bankruptcy stay was granted to allow eviction to proceed.

Procedural posture

An owner of real property through a foreclosure sale obtained a writ of possession of the property, which was occupied by a bankruptcy debtor, after the debtor filed her bankruptcy petition, and the owner sought to evict the debtor. Pursuant to 11 U.S.C. § 362(d)(1), the owner moved to annul the automatic bankruptcy stay to allow the eviction.

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Court :

District of District of Columbia ( Judge Teel, Jr. ) [ Bankruptcy Court ]

opinion summary, case decided on February 06, 2006 , LexisNexis #0706-051

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11 U.S.C.

In re Star Broad.

Jan

2006

Ruling

Creditor was granted a motion for relief from the automatic stay since the debtor's acting in bad faith by attempting to reject a perceived unprofitable contract warranted such relief.

Procedural posture

Creditor filed a motion for relief from the automatic stay, 11 U.S.C. § 362, in chapter 11 debtor's case and a motion to dismiss debtor's case under 11 U.S.C. § 1112(b).

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Court :

Northern District of Florida ( Judge Shulman ) [ Bankruptcy Court ]

opinion summary, case decided on January 20, 2006 , LexisNexis #0206-057

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11 U.S.C.

In re Moore

Dec

2005

Ruling

Automatic stay was lifted for a purchaser of debtor's real property to pursue a state court appeal regarding surplus funds from the purchase since the state court appeal was the only means of appealing a prior decision.

Procedural posture

The matter came before the court upon the motion of movant, a real property purchaser, for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) in order to pursue a state court appeal on an expedited basis and upon debtors' motion for deposit of funds into the bankruptcy court. Debtors'also counterclaimed against the purchaser for violation of the automatic stay.

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Court :

District of South Carolina ( Judge Bishop ) [ Bankruptcy Court ]

opinion summary, case decided on December 14, 2005 , LexisNexis #0206-030

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