Judge Waites

In re Whitaker

Creditor, the holder of a second mortgage on debtor's residence, moved to dismiss debtors'chapter 13 case pursuant to 11 U.S.C. § 1307(c)(1) and to bar the debtors from refiling for 180 days, given debtors'admitted efforts to delay and hinder the creditor.
Ruling: 
Motion to dismiss the debtor's chapter 13 case was granted with prejudice to bar refiling for 180 days since the debtors acted in bad faith.
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Young v. Elite Financial Services (In re Young)

A debtor 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 willfully violated an automatic stay by attempting to repossess the debtor's automobile during his ongoing chapter 13 bankruptcy case.
Ruling: 
Debtor was granted sanctions against a creditor who violated the automatic stay by respossessing the debtor's truck after the debtor filed.
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