- 11 U.S.C.
Arnold, In re
Aug
26
2024
Ruling
Sanctions denied against creditor for collection calls regarding car debt as the stay terminated when debtor failed to redeem or reaffirm debt within 30 days. (Bankr. W.D. Va.)
Issue(s)
Automatic Stay; Termination With Regard to Personal Property; Conditions.
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Court
:
- 11 U.S.C.
Lee, In re
Mar
19
2024
Ruling
Court denied debtor's motion to reconsider as debtor did not offer any reason against grantingrelief from the automatic stay when the credit union first requested it and she offered nocompelling reason in support of the current motion. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Termination With Regard to Personal Property; Conditions; Failure
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Court
:
- 11 U.S.C.
McCray, In re
Nov
30
2017
Ruling
Debtor failed to file a proper statement of intention as regards the mobile home and failed toact accordingly as well, thus causing the stay to be lifted and the mobile home to be separatedfrom the estate property. (Bankr. E.D. Mich.)
Issue(s)
Automatic Stay; Termination With Regard to Personal Property; Conditions.
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Court
:
- 11 U.S.C.
In re Stanford
Aug
20
2014
Ruling
Lease agreements that were not assumed were not subject to the automatic stay.
Issue(s)
Were alleged leases, not timely assumed by the trustee, subject to the automatic stay?
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Court
:
In re Sanders
Mar
02
2012
Ruling
Creditor acted within rights by repossessing vehicle post-discharge pursuant to ipso facto clause of contract where debtor has rescinded a reaffirmation agreement.
Procedural posture
Debtors filed a motion for contempt against a creditor after the creditor repossessed one of debtors' vehicles post-discharge, despite the fact that debtors had always been (prior to and throughout the course of their chapter 13 bankruptcy) current in their car payments.
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Ostrander v. Source One Financial Corp. (In re Mollison)
Jan
06
2012
Ruling
Creditor's post-petition steps to correct title to debtor's vehicle did not violate stay, which has expired due to debtor's failure to indicate intent.
Procedural posture
Creditor filed a motion to dismiss chapter 7 trustee's adversary proceeding, which sought to avoid the creditor's lien on the debtor's automobile pursuant to 11 U.S.C.S. § 544(a)(1) and preserve the avoided lien for the benefit of the bankruptcy estate pursuant to 11 U.S.C.S. § 551. The trustee filed a motion for sanctions against the creditor for violation of the automatic stay imposed by 11 U.S.C.S. § 362(a).
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Court
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In re Maurer
Nov
07
2011
Ruling
Debtors awarded past due rent as sanctions for landlord's ejectment filed in violation of stay.
Procedural posture
The capter 13 debtors filed a motion for sanctions against a landlord under 11 U.S.C.S. § 362(h). They argued that the creditor filed a complaint for summary ejectment after receiving notice of the debtors' bankruptcy petition and without filing a motion to lift the automatic stay. The court conducted a hearing on the motion.
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Laboy v. Doral Mortg. Corp. (In re Laboy)
May
27
2011
Ruling
Bankruptcy court erred in denying debtors the opportunity to prove damages due to creditor's violation of stay.
Procedural posture
Concluding that the cancellation of a mortgage was a sufficient remedy for a willful violation of the automatic stay, the bankruptcy court denied appellant debtors' request for a hearing on damages. The Bankruptcy Appellate Panel affirmed the bankruptcy court's decision. The debtors appealed.
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Judge or Jurisdiction information not available
Samson v. Western Capital Partners LLC (In re Blixseth)
May
25
2011
Ruling
Stay properly terminated on solely on personal property scheduled as securing creditor's claim.
Procedural posture
Chapter 7 trustee challenged a decision of the U.S. Bankruptcy Court for the District of Montana, which ruled that 11 U.S.C.S. § 362(h) terminated the automatic stay on all of the debtor's personal property secured by the creditor's claim and not just on personal property scheduled as securing the claim.
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:
Judge or Jurisdiction information not available
In re Miller
Jan
05
2011
Ruling
Relief from stay granted where debtor failed to indicate intention to surrender, reaffirm or redeem or assume unexpired lease.
Procedural posture
Creditor, which held a purchase money security interest in a chapter 7 debtor's vehicle, filed a motion for relief from stay against the debtor.
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Court
: