- 11 U.S.C.
In re Grace
Feb
27
2015
Ruling
Creditor entitled to relief from co-debtor stay where debtor's confirmed plan would not pay its debt in full.
Issue(s)
Was nursing facility operator entitled to relief from the co-debtor stay to continue state court collection activity against debtor's spouse?
ABI Membership is required to access the full summary of In re Grace Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Rick
Dec
11
2014
Ruling
Debtor's wife not entitled to order holding bank and collection agency in contempt for violation of co-debtor stay.
Issue(s)
Should creditor and collection agency be held in contempt for violation of the co-debtor stay?
ABI Membership is required to access the full summary of In re Rick Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Hart
Nov
08
2013
Ruling
Co-debtor stay lifted to allow creditor to file action against debtor's former fiancé for interest.
Issue(s)
Was creditor entitled to relief from codebtor stay to recover the difference between the plan rate of interest and the contract rate on motor vehicle loan claim.
ABI Membership is required to access the full summary of In re Hart Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Dugan v. U.S. Bank (In re Dugan)
Jun
20
2012
Ruling
Bank did not violate stay by seizing funds from business account of separate corporate entity owned 100 percent by debtor.
Procedural posture
Chapter 13 debtors filed a complaint defendant bank alleging violation of the automatic stay and seeking turn over of property of the estate. The bank filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012.
ABI Membership is required to access the full summary of Dugan v. U.S. Bank (In re Dugan) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Juliao
Nov
30
2011
Ruling
Reporting late payments by non-debtor spouse to credit agencies did not violate co-debtor stay.
Procedural posture
A bankruptcy debtor and his non-debtor spouse were codebtors on mortgage debts to a creditor, and the debtor and the spouse asserted that the creditor improperly reported late payments by the spouse to credit reporting agencies. The debtor and the spouse moved for damages for the creditor's violation of the codebtor stay of 11 U.S.C.S. § 1301, the debtor's counsel applied for an award of attorney fees.
ABI Membership is required to access the full summary of In re Juliao Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Penn
Apr
02
2010
Ruling
Nonjudicial foreclosure against property owned by LLC of which debtor was sole owner was not subject to co-debtor stay.
Procedural posture
Movants, three creditors, filed a motion, opposed by debtor, to validate a foreclosure sale or, in the alternative, for relief from or annulment of the automatic stay ab initio.
ABI Membership is required to access the full summary of In re Penn Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Lemma
Sep
09
2008
Ruling
Co-debtor stay is not terminated by 30-day automatic termination of stay in chapter 13 case.
Procedural posture
The debtors filed a motion for a determination that the scheduling of the foreclosure sale of their residence by a creditor violated the co-debtor stay of 11 U.S.C.S. § 1301(a).
ABI Membership is required to access the full summary of In re Lemma Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Moore v. Alabama Power Co. (In re Moore)
May
28
2008
Ruling
Continued wage garnishement by garnishee was not a violation of codebtor stay by creditor that obtained the original prepetition writ.
Procedural posture
Defendant creditor filed a motion, pursuant to Fed. R. Bankr. P. 7012(b)(6), to dismiss the adversary proceeding of plaintiffs, a debtor and her cosigner, for damages for an alleged violation of the codebtor stay imposed by 11 U.S.C.S. § 1301(a) and to hold the creditor in contempt under 11 U.S.C.S. § 105.
ABI Membership is required to access the full summary of Moore v. Alabama Power Co. (In re Moore) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Dunlop
Oct
16
2007
Ruling
Relief from stay and co-debtor stay granted to allow ejectment proceedings against debtor and spouse.
Procedural posture
Before the court was a motion filed by movant, a property services company, to dismiss this bankruptcy case with a 180-day bar against future filings. Alternatively, it sought relief from the bankruptcy stay as well as relief from the co-debtor stay pursuant to 11 U.S.C. § 1301(c), in order to prosecute an ejectment action against debtor and her husband pending in state court.
ABI Membership is required to access the full summary of In re Dunlop Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Williams
Jun
12
2007
Ruling
Relief from co-debtor stay granted where chapter 13 plan did not propose to pay the claim.
Procedural posture
Creditors moved for relief from a stay of action against co-debtors pursuant to 11 U.S.C. § 1301(c).
ABI Membership is required to access the full summary of In re Williams Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: