Skip to main content

§ 362(j)

McConathy, In re--American Warrior, Inc. v. Found. Energy Fund IV-A, L.P.

Aug
01
2024
Ruling
Bankruptcy court did not err in ruling non-debtor parties did not violate the stay and grantingrelief from stay to allow pursuit of state-court claims involving assets concealed in debtor’sprevious bankruptcy. (5th Cir.)
Issue(s)
Automatic Stay; Order Confirming Termination.

ABI Membership is required to access the full summary of McConathy, In re--American Warrior, Inc. v. Found. Energy Fund IV-A, L.P. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 01, 2024 , LexisNexis #1024-029
LexisNexis Article
Learn More

Ross, In re

Feb
06
2019
Ruling
Trustee of original mortgagee was entitled to a judicial confirmation that the automatic stayprovisions did not bar it from pursuing foreclosure remedies against debtor's property as thedebtor did not have any legal or equitable interest in the title of the property. (Bankr. N.D.Miss.)
Issue(s)
Automatic Stay; Order Confirming Termination.

ABI Membership is required to access the full summary of Ross, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 06, 2019 , LexisNexis #0319-028
LexisNexis Article
Learn More

In re Reeder

Nov
05
2013
Ruling
Creditor without notice of bankruptcy whose lien was omitted from plan could proceed with foreclosure.
Issue(s)
Could party to deed of trust that did not receive notice of bankruptcy and was omitted from plan barred by stay from foreclosing on debtor's property.

ABI Membership is required to access the full summary of In re Reeder Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 05, 2013 , LexisNexis #1113-111
LexisNexis Article
Learn More

In re Waltower

Sep
07
2012
Ruling
Automatic stay terminated with regard to property surrendered to bank.
Procedural posture

Movant property owners filed a motion pursuant to 11 U.S.C.S. § 362(j), seeking confirmation that the automatic stay that was imposed when debtors declared chapter 13 bankruptcy was no longer in effect as to real property the debtors surrendered to a bank. The court held a hearing on the owners' motion.

ABI Membership is required to access the full summary of In re Waltower Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 07, 2012 , LexisNexis #1012-045
LexisNexis Article
Learn More

In re Hill

Mar
06
2007
Ruling
"Comfort order" issued confirming termination of stay on reconsideration where discharge was entered after original denial of creditor's motion.
Procedural posture

In earlier proceedings, the court denied the motion filed by the creditor to confirm termination of the automatic stay. The creditor sought reconsideration of the prior ruling, and sought a "comfort order"confirming the legal result of termination of the automatic stay.

ABI Membership is required to access the full summary of In re Hill Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 06, 2007 , LexisNexis #0407-075
LexisNexis Article
Learn More

In re Dienberg

Aug
30
2006
Ruling
Court was not authorized to issue a "comfort order" where stay had terminated pursuant to section 362(h) rather than section 362(c).
Procedural posture

A secured creditor filed a motion pursuant to 11 U.S.C. § 362(h) and (j), asking the court to issue an order confirming that the automatic stay in a chapter 7 debtor's bankruptcy case had terminated. The court, on its own initiative, held a hearing on the issue of whether section 362(j) applied when the alleged basis for termination of the stay was found in section 362(h) rather than in section 362(c), the subsection specifically referenced in section 362(j).

ABI Membership is required to access the full summary of In re Dienberg Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 30, 2006 , LexisNexis #1006-076
LexisNexis Article
Learn More

In re Ermi

Aug
03
2006
Ruling
Creditor was not entitled to comfort order where debtors failed to timely assume vehicle lease but had not previously filed for bankruptcy.
Procedural posture

Bankruptcy debtors identified their interest in a vehicle lease on their schedules and subsequently amended their schedules to indicate their intention to assume the unexpired lease. A creditor with a security interest in the vehicle moved for a comfort order pursuant to 11 U.S.C. § 362(j) confirming that the automatic stay terminated with regard to the vehicle based on the lack of a timely indication of intent and/or assumption of the lease.

ABI Membership is required to access the full summary of In re Ermi Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 03, 2006 , LexisNexis #1106-009
LexisNexis Article
Learn More

In re Kissal

Jun
29
2006
Ruling
Notice and hearing required prior to determination that stay had terminated with regard to security interest in motor vehicle.
Procedural posture

Creditor filed an ex parte motion for an order confirming that the automatic stay had terminated with respect to the enforcement of its security interest in a motor vehicle owned by the debtor. The issue was whether the court could, in fact, address the motion on an ex parte basis.

ABI Membership is required to access the full summary of In re Kissal Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 29, 2006 , LexisNexis #0906-073
LexisNexis Article
Learn More
Subscribe to %1