- 11 U.S.C.
In re Perl
May
30
2014
Ruling
Purchaser of debtor's property at foreclosure sale violated the automatic stay by allowing sheriff to change the locks and evict debtor.
Issue(s)
Did the bankruptcy court properly hold that the postpetition lockout and eviction by a sheriff of the debtor from his residence, made at the request of foreclosure purchaser of the property, and not halted after notice of petition, violated the automatic stay?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Parker v. Smith (In re Parker)
Apr
10
2014
Ruling
Prepetition seller's postpetition withholding of title to vehicle purchased by debtor violated stay and was grounds for damages.
Issue(s)
Did individual who sold vehicle to debtor prior to petition date violate the automatic stay by refusing to turn over title to the vehicle after postpetition accident?
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Court
:
- 11 U.S.C.
Townsend v. Direct Buy
Feb
28
2014
Ruling
Twenty-one post-notice of filing debits from debtor's checking account by creditor violated stay.
Issue(s)
Did creditor violate the automatic stay by debiting debtor's checking account 21 times for $100 each after receiving notice of debtor's chapter 13 bankruptcy case?
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Court
:
- 11 U.S.C.
Parker v. Smith (In re Parker)
Feb
25
2014
Ruling
Creditor's delayed production of motor vehicle title was not grounds for reversal of judgment of stay violation.
Issue(s)
Should judgment for violation of stay for failure to turn over certificate of title to motor vehicle be reversed given creditor's delayed production of the certificate?
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Court
:
- 11 U.S.C.
In re Lamont
Jan
07
2014
Ruling
Modification of stay not necessary where claim of purchaser of tax lien was provided for by plan payments to taxing authority.
Issue(s)
Was tax purchaser's interest in property a secured claim that was modifiable in a debtor's chapter 13 plan.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Parker v. Smith (In re Parker)
Jan
06
2014
Ruling
Creditor's refusal to furnish debtor with application for certificate of title to vehicle violated stay.
Issue(s)
Did creditor's refusal to provide debtor with application for certificate of title to motor vehicle violate the automatic stay.
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Court
:
- 11 U.S.C.
In re Hall
Jan
03
2014
Ruling
Failure to provide debtor with access code to storage area did not violate stay.
Issue(s)
Did creditor's failure to provide debtor with access code to storage area violate the automatic stay.
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Court
:
- 11 U.S.C.
Goodrich v. Hunt (In re Robert W. Hunt M.D.)
Oct
16
2013
Ruling
Trustee of living trust did not have right to jury trial on allegations of interference with administration of bankruptcy estate and violation of stay.
Issue(s)
Did trustee of living trust have a right to a jury trial on allegations of interference with administration of bankruptcy estate and violation of stay.
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Court
:
- 11 U.S.C.
In re Muhlig
Jun
25
2013
Ruling
Dismissal of debtor's wrongful death action without notice to trustee violated stay.
Procedural posture
Trustee sought reconsideration of the court's earlier order denying a motion for contempt against defendant tobacco companies for violating the automatic stay in 11 U.S.C.S. § 362(a)(3) by seeking summary judgment against debtor in a wrongful death action without notifying the trustee.
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Court
:
- 11 U.S.C.
In re Howrey LLP
May
13
2013
Ruling
Relief from stay to allow debtor law firm to contest trustee's proceeding to avoid unfinished business waiver in declaratory relief action denied.
Procedural posture
A law firm moved for an order confirming that the automatic stay would be inapplicable or, in the alternative granting relief from the automatic stay, so that it could file a declaratory relief action against a chapter 11 trustee in a District of Columbia court. The motion was prompted by a threatened lawsuit against the law firm by the trustee to recover profits earned by the law firm on matters brought to it by a former member of the debtor.
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Court
: