- 11 U.S.C.
Nash, In re
Oct
21
2021
Ruling
Creditors' pre-conviction restitution lien fell within the criminal prosecution exception to theautomatic stay. (Bankr. D. Ariz.)
Issue(s)
Automatic Stay; Exceptions; Criminal Proceedings.
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Court
:
- 11 U.S.C.
Golan, In re
Dec
19
2019
Ruling
Creditor violated the automatic stay when it appeared at a sentencing hearing and advocated acontempt purge provision requiring the debtor to pay. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Exceptions; Criminal Proceedings.
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Court
:
- 11 U.S.C.
Ream Props., LLC, In re--Ream Props., LLC v. Hamilton
Jan
30
2017
Ruling
Court would not enjoin the criminal proceeding against principal because it would beinappropriate to extend relief to the principal that would be unavailable to him if he were thedebtor. (Bankr. M.D. Pa.)
Issue(s)
Automatic Stay; Exceptions; Criminal Proceedings.
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Court
:
- 11 U.S.C.
Thompson, In re
Jan
09
2017
Ruling
Creditor's motion for relief of the automatic stay denied for creditor's failure to introducesufficient evidence that demonstrate the circumstances surrounding contempt proceeding arecriminal in nature. (Bankr. S.D. Ohio)
Issue(s)
Automatic Stay; Exceptions; Criminal Proceedings.
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Court
:
- 11 U.S.C.
Stewart v. Hampton Co. Natl Sur. LLC (In re Stewart)
Nov
17
2015
Ruling
Criminal affidavit for embezzlement was excepted from the automatic stay.
Issue(s)
Where creditor and debtor entered into an agreed judgment after creditor filed a civil suit to recover premiums that debtor owed it as its bonding agent, and where debtor failed to abide by the terms of the judgment and filed a bankruptcy petition after creditor filed a suggestion for writ of garnishment, whether a criminal affidavit filed against debtor by creditor for embezzlement fell within the exception to the automatic stay in 11 U.S.C.S. § 362(b)(1).
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Court
:
- 11 U.S.C.
In re Williams
Apr
01
2015
Ruling
Revocation of debtor's participation in state court ordered diversion program due to failure to make payments was part of a criminal proceeding and excepted from stay.
Issue(s)
Was state court's action in revoking diversion program providing for restitution in criminal case due to debtor's failure to make required payments a violation of the automatic stay?
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Court
:
- 11 U.S.C.
Branch v. 30th Dist. Court City of Highland Park (In re Branch)
Feb
06
2015
Ruling
City's action to enforce traffic violation was not subject to the automatic stay.
Issue(s)
Did city violate the automatic stay by prosecuting traffic violation against debtor?
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Court
:
- 11 U.S.C.
In re Sori
Jul
29
2014
Ruling
State did not violate stay by bringing criminal action against debtor for fraudulent collection of unemployment benefits.
Issue(s)
Was criminal complaint by state employment department for fraudulent receipt of unemployment benefits subject to the automatic stay?
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Court
:
- 11 U.S.C.
In re Gherini
Jun
06
2014
Ruling
Criminal proceedings initiated against debtor prior to petition date were not subject to automatic stay.
Issue(s)
Were criminal fraud proceedings against debtor subject to the automatic stay?
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Court
:
- 11 U.S.C.
Collett v. Lee Oil Co. (In re Collett)
May
21
2014
Ruling
Bankruptcy court did not err in finding that pursuit of criminal proceeding was intended to aid in collecting from debtor's insurance and did not violate stay.
Issue(s)
Did bankruptcy court err in denying debtor's motion for sanctions against creditor for allegedly violating the automatic stay by cooperating in a criminal investigation after the petition date?
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Court
:
Judge or Jurisdiction information not available