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In re Moore

Dec
14
2005
Ruling
Automatic stay was lifted for a purchaser of debtor's real property to pursue a state court appeal regarding surplus funds from the purchase since the state court appeal was the only means of appealing a prior decision.
Procedural posture

The matter came before the court upon the motion of movant, a real property purchaser, for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) in order to pursue a state court appeal on an expedited basis and upon debtors' motion for deposit of funds into the bankruptcy court. Debtors'also counterclaimed against the purchaser for violation of the automatic stay.

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opinion summary, case decided on December 14, 2005 , LexisNexis #0206-030
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Fuller v. Cash Am. Pawn (In re Fuller)

Aug
15
2005
Ruling
Pawn shop's notice of forfeiture and selling of the debtor's pawned jewelry violated the automatic stay.
Procedural posture

Plaintiff, chapter 13 debtor, brought an adversary action against defendant pawn shop alleging the latter violated the automatic stay by disposing of jewelry she had placed with the pawn shop as security for a personal loan and notifying debtor of a purported forfeiture under S.C. Code Ann. § 40-39-110. The pawn shop moved for summary judgment on the claim.

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opinion summary, case decided on August 15, 2005 , LexisNexis #0206-101
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