- 11 U.S.C.
In re Rowe
May
10
2006
Ruling
"Fourth option" or ride through, allowing non-defaulting debtor to retain collateral and continue payments was not eliminated by BAPCPA in Kansas due to provisions of state law.
Procedural posture
A chapter 7 matter was before the court on a Motion to Compel Turnover of Vehicle filed by movant creditor and debtor's objection thereto.
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Court
:
In re Surprise
May
04
2006
Ruling
Debtor's motion for damages for creditor's alleged violation of automatic stay was denied.
Procedural posture
The debtors filed a motion against the creditor seeking damages for the creditor's alleged violation of 11 U.S.C. §§ 362 and 524. The creditor filed an opposition to the motion and oral argument was held.
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Court
:
Wolfe v. Farrior (In re Farrior)
Apr
20
2006
Ruling
Court declared disclaimer void and ordered trustee to adminster debtor's interest in property as property of estate.
Procedural posture
Plaintiff trustee filed a complaint to sell defendant debtors'real property free and clear of liens and defendant co-owner's interest, pursuant to 11 U.S.C. § 363(h) and Fed. R. Bankr. P. 6004.
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Court
:
- 11 U.S.C.
In re First Coast Marine
Mar
27
2006
Ruling
Trustee's motion for a determination of the value of corporate debtor's personal property under section 362(h)(1) was denied only because it was not necessary in a case where corporate debtor cannot receive a chapter 7 discharge.
Procedural posture
Pursuant to 11 U.S.C. § 362(h)(1), the chapter 7 trustee filed a motion for a determination that the personal property identified on the corporate debtor's Schedules B and D was of consequential value or benefit to the bankruptcy estate.
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Court
:
Lisenby v. J.A. Cambece Law Office P.C. (In re Lisenby)
Mar
27
2006
Ruling
Debtor was entitled to punitive damages where law firm and collection agency willfully violated automatic stay.
Procedural posture
Plaintiff debtor filed a complaint against defendants, a law firm and a collection agency, for damages for violation of the automatic stay and violation of the Fair Debt Collection Practices Act. The debtor moved for default judgment. The bankruptcy court conducted an evidentiary hearing on the sole issue of damages.
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Court
:
- 11 U.S.C.
In re Squires
Mar
23
2006
Ruling
Bankruptcy court determined that personal property of bankruptcy estate was of consequential value or benefit to estate.
Procedural posture
Plaintiff trustee filed a motion for a determination that the personal property of the bankruptcy estate identified on the debtor's schedules was of consequential value or benefit to the estate.
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Court
:
In re Hundley
Feb
07
2006
Ruling
Debtors were awarded damages for the bank's willful violation of the automatic stay by refusing the debtor's postpetition demand for turnover of the debtor's vehicle repossessed prepetition.
Procedural posture
Debtors sought a determination that creditor bank violated the automatic stay when it refused debtors' postpetition demand to turnover debtors' vehicle that the bank had repossessed prepetition. Debtors demanded the payment of sanctions for the bank's actions, which debtors considered to be willful and therefore remediable under former 11 U.S.C. § 362(h).
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Court
:
Gruver v. United States Dept of the Treasury (In re Gruver)
Jan
20
2006
Ruling
Debtors failed to show that the IRS had intentionally violated the automatic stay since the IRS reversed its offsetting of the debtors' refund against a prior tax liability once it became aware of the bankruptcy case.
Procedural posture
Plaintiffs, joint bankruptcy debtors, brought an adversary proceeding against defendant United States, alleging that the government violated the automatic bankruptcy stay by offsetting the debtors'income tax refund against the prior tax liability of one of the debtors.
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Court
:
In re Smith
Dec
19
2005
Ruling
Debtors were awarded damages for the creditor's attempt to repossess the debtor's car in violation of the automatic stay.
Procedural posture
Debtors filed a motion for sanctions pursuant to 11 U.S.C. § 362(h), as it existed prior to the amendments provided by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, alleging that a creditor and the creditor's repossession agent willfully violated the automatic stay by attempting to repossess the debtors' automobile during their ongoing chapter 13 bankruptcy case.
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Court
:
In re Messer
Dec
19
2005
Ruling
Debtors were awarded damages after a mortgage creditor willfully violated an automatic stay by intentionally initiating a foreclosure proceeding.
Procedural posture
Debtors filed a motion for sanctions pursuant to 11 U.S.C. § 362(h), alleging that a mortgage creditor and its attorney violated the automatic stay that was implemented when they filed a bankruptcy petition under chapter 13.
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Court
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