Hamilton, In re--TitleMax of Ga., Inc. v. Hamilton
Jan
13
2022
Ruling
Creditor's motion for relief from the automatic stay seeking permission to repossess a vehiclewas granted as nothing in the bankruptcy code permitted a Chapter 13 debtor to modify a titlepawn contract under state law. (Bankr. S.D. Ga.)
Issue(s)
Extension of Time; Performance of Certain Acts by Trustee.
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Court
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1075 S Yukon, LLC, In re
Jul
30
2018
Ruling
Debtor's pre-petition contractual right to exercise an option to purchase real property was not automatically extended if the deadline to exercise the option had not expired prior to the petition date as exercising the option was not "curing a default." (Bankr. D. Colo.)
Issue(s)
Extension of Time; Performance of Certain Acts by Trustee.
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Court
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Bryant v. Hamilton Cnty. (In re Bryant)
Apr
05
2016
Ruling
Trustee's extension of time to exercise right of redemption extended to chapter 13 debtor with regard to property of the estate.
Issue(s)
Whether a chapter 13 debtor has the benefit of § 108(b) or that benefit inures only to the trustee in a chapter 13 case?
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Court
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In re Rugroden
Sep
25
2012
Ruling
IRS execution of deeds to debtor's property after expiration of extended redemption period was ministerial and did not violate stay.
Procedural posture
Debtor filed a Motion for Sanctions for Violation of the Automatic Stay seeking attorney's fees, actual damages, and punitive damages from the Internal Revenue Service (IRS), and an individual (purchaser) who purchased two properties from the IRS. The IRS filed a written opposition to the Motion for Sanctions as well as a separate Motion for Relief from the Automatic Stay Nunc Pro Tunc. The purchaser also filed a written opposition to the Motion.
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Court
:
In re Haake
Sep
18
2012
Ruling
Relief from stay granted given expiration of 60-day period to cure default.
Procedural posture
A creditor of chapter 11 debtor filed a motion for relief from the automatic stay.
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Court
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In re McKinney
Jun
23
2010
Ruling
Denial of creditor's objection to debtor's chapter 13 plan was not a final appealable order.
Procedural posture
Appellee debtor filed for chapter 13 bankruptcy. Appellant investor objected to the plan. The bankruptcy court denied the investor's objection. The investor appealed the denial of the objection to the United States District Court for the Central District of Illinois, which affirmed the bankruptcy court. The investor appealed.
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Court
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Judge or Jurisdiction information not available
In re McKenith
Feb
02
2010
Ruling
Relief from stay granted where debtor's extended right of redemption had expired.
Procedural posture
A creditor filed a motion for relief from the automatic stay so that it could enforce its rights to property of a chapter 13 debtor that had been sold prior to the bankruptcy. The debtor alleged that the time for her to exercise her state law right of redemption under 735 ILCS 5/15- 1604(a) had been extended by 11 U.S.C.S. § 108 and that she could cure her default over the term of the chapter 13 plan.
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Court
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In re Empire Equities Cap. Corp.
Jun
03
2009
Ruling
Debtor that defaulted under contract allowed 60 days to exercise expired option.
Procedural posture
Debtor entered into an option contract to purchase three loans from movants. Debtor paid a deposit. Debtor obtained two extensions. Before the closing deadline on the second extension (option contract requiring time being of the essence), debtor filed for chapter 11 relief. Movants filed a motion for an order granting relief from the automatic stay to terminate the contract, or alternatively, to compel its rejection.
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Court
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In re Young
Oct
21
2008
Ruling
Debtor could not redeem property that was subject of prepetition tax sale due to failure to act within six month deadline or 60-day extension period.
Procedural posture
A city objected to confirmation of a chapter 13 debtor's plan.
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Court
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Dumas v. Sabre Group (In re Dumas)
Mar
07
2008
Ruling
Debtor whose first case was dismissed for failure to comply with credit counseling requirement was not entitled to second extension of statutory redemption period in second case.
Procedural posture
The assignee of a tax purchaser filed a motion to modify the automatic stay so that it could obtain a tax deed, and also filed a motion to remand a state court tax proceeding removed by the chapter 7 debtor.
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Court
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