- 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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Court
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SunTrust Bank v. Hue Huu Tran (In re Hue Huu Tran)
Nov
27
2007
Ruling
Stay terminated as to security interest in motor vehicle where debtor failed to timely redeem or reaffirm.
Procedural posture
A debtor filed a voluntary petition for relief under chapter 7, and a trustee was appointed to represent the bankruptcy estate. The trustee filed a report of no distribution, and after that report was filed, a bank filed a motion for relief from the automatic stay in order to enforce a security interest in an automobile the debtor owned. The debtor claimed that he was not behind in making payments on the debt he owed.
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Court
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Pacific Capital Bancorp v. Schwass (In re Schwass)
Nov
06
2007
Ruling
Debtor's failure to prepare reaffirmation agreement after filing statement of intention was not grounds for relief from stay.
Procedural posture
Movant bank sought relief from stay under 11 U.S.C. § 362(h), contending that respondent debtor failed to fulfill her obligations under 11 U.S.C. § 521(a)(2)(B) to reaffirm a debt secured by a vehicle.
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Court
:
- 11 U.S.C.
DaimlerChrysler Fin. Servs. Ams. LLC v. Kasrai (In re Kasrai)
Jul
27
2007
Ruling
Creditor's motion for comfort order denied.
Procedural posture
Defendant debtor and his wife filed for relief under chapter 7. Plaintiff creditor, who as a successor to an earlier creditor, filed a motion against the debtor and defendant trustee, for the entry of a comfort order pursuant to 11 U.S.C. § 362(j) to confirm the termination of the automatic stay.
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Court
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In re Lukach
May
08
2007
Ruling
Creditor sanctioned for willfully sending payment demands to debtor for nearly one year after receiving notice of debtor's bankruptcy.
Procedural posture
Debtor, an individual who filed a chapter 13 proceeding, moved for an order imposing sanctions against defendant creditor for its violation of the automatic stay imposed pursuant to 11 U.S.C. § 362(h). At issue was whether sanctions were properly imposed and, if so, in what amount.
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Court
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In re Sullivan
Apr
02
2007
Ruling
Creditor's inclusion of undisclosed preconfirmation attorneys fees and bankruptcy attorneys'fees in payoff letter demanding payment as prerequisite to closing violated stay.
Procedural posture
Under consideration by the court was a motion filed by debtor pursuant to 11 U.S.C. § 362(h). Claiming violations of the automatic stay provisions of 11 U.S.C. § 362, debtor requested $10,000 in actual, statutory, and punitive damages against a creditor and its law firm, as well as contingent attorney fees, or, in the alternative, $2,000 in attorneys' fees, and an order vacating and discharging any indebtedness claimed by the creditor.
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Court
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Green Tree Servicing LLC v. Taylor (In re Taylor)
Mar
30
2007
Ruling
Bankruptcy court properly awarded compensatory damages where creditor's willful violation of stay caused debtor to have a seizure.
Procedural posture
Appellant creditor and appellee debtor filed cross-appeals from an order in which the bankruptcy court awarded $5,000 in compensatory damages to the debtor pursuant to former 11 U.S.C. § 362(h) (now 11 U.S.C. § 362(k)) based on the creditor's willful violation of the automatic stay.
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Court
:
Lawrence Athletic Club v. Scroggin (In re Scroggin)
Mar
16
2007
Ruling
Bankruptcy court properly held that creditor's failure to take affirmative action to stop wage garnishment violated stay.
Procedural posture
Appellant creditor sought review of a judgment of the Bankruptcy Court for the District of Kansas, which awarded appellee debtor damages, attorney fees, and sanctions resulting from the creditor's willful violation of the automatic stay under 11 U.S.C. § 362(h). The debtor filed a motion to dismiss the appeal as moot.
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Michaud v. Alblitt & Carulo PC (In re Michaud)
Jan
16
2007
Ruling
Post-confirmation postponement of foreclosure sale while debtor's plan payments were current and no motion for relief from stay was pending violated stay.
Procedural posture
Plaintiff debtor filed a complaint against defendant, agent for a creditor, seeking damages under 11 U.S.C. § 362(h) for defendant's alleged violations of the automatic stay.
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Court
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Cunha v. Alblitt & Caruolo PC (In re Cunha)
Jan
16
2007
Ruling
Postponement of foreclosure sale to maintain status quo did not violate stay.
Procedural posture
Plaintiff debtor filed a complaint against defendant, an agent for a creditor, seeking damages under 11 U.S.C. § 362(h) for defendant's alleged violations of the automatic stay.
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Court
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