- 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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:
- 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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:
- 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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:
- 11 U.S.C.
Gordon v. United States (In re Sissine)
May
27
2010
Ruling
State department of revenue and IRS did not violate stay by withholding tax refunds due to lack of notice and outstanding Trust Fund Recovery Penalty liabilities respectively.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, the Georgia Department of Revenue (GDOR) and United States of America, claiming, inter alia, that defendants violated the stay that was imposed when a debtor declared bankruptcy and were liable under former 11 U.S.C.S. § 362(h)(1) (recodified in 2005 as 11 U.S.C.S. § 362(k)(1)) in damages. The parties filed cross-motions for summary judgment.
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:
- 11 U.S.C.
DaimlerChrysler Fin. Servs. Americas LLC v. Jones (In re Jones)
Sep
29
2008
Ruling
Order for return of vehicle repossessed after debtors failed to redeem or reaffirm reversed.
Procedural posture
Defendant creditor appealed a decision of the Bankruptcy Court for the Southern District of West Virginia, which ordered the creditor to return to plaintiffs, a chapter 7 debtor and his non-debtor wife, the vehicle it repossessed.
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:
- 11 U.S.C.
In re Hoisington
Jan
30
2008
Ruling
Relief from stay to proceed against interest in motor vehicle not necessary where stay had terminated due to debtor's failure to surrender, redeem or reaffirm.
Procedural posture
Movant creditor sought relief from stay in connection with its interest in a vehicle. Specifically, the creditor asked the court to allow it to proceed against the property as permitted by 11 U.S.C.S. § 362(h)(1)(A). Debtors, seeking to retain the vehicle, opposed the motion.
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:
- 11 U.S.C.
In re Steinhaus
Sep
01
2006
Ruling
Stay terminated 30 days after filing where debtor did not elect to either redeem or reaffirm debt secured by automobile.
Procedural posture
A creditor filed a motion to confirm termination of an automatic stay, compel surrender of a vehicle, and authorize foreclosure upon the vehicle in the debtors'chapter 7 case. The court held a hearing on the motion.
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:
- 11 U.S.C.
In re Boring
May
30
2006
Ruling
Motion to confirm absence of automatic stay was granted since debtor's statement of intention failed to state whether debtor was reaffirming, redeeming, or surrendering collateral securing debt.
Procedural posture
A creditor filed a motion to confirm the absence of the automatic stay after the debtor failed to affirmatively state on her statement of intention whether she was reaffirming, redeeming, or surrendering the collateral that secured her debt.
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- 11 U.S.C.
In re Bennet
May
26
2006
Ruling
Reaffirmation of debt secured by real property denied as not in best interests of debtor since payments were current and ride-through limits applied only to personal property.
Procedural posture
The debtors and a creditor sought approval of a reaffirmation agreement regarding real property.
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