- 11 U.S.C.
Benchmark Mun. Tax Serv. v. Roman
Dec
03
2021
Ruling
Motion for in rem relief from stay was granted where creditor failed to meet its burden toestablish that the filing of debtor's petition was part of a scheme to delay, hinder, or defraudthe creditor. (Bankr. D. Conn.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors
ABI Membership is required to access the full summary of Benchmark Mun. Tax Serv. v. Roman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Dees, In re--NewRez LLC v. Dees
Aug
12
2021
Ruling
Creditor loan servicer was entitled to stay relief because it had a colorable claim to enforce thenote and security deed. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors
ABI Membership is required to access the full summary of Dees, In re--NewRez LLC v. Dees Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Peta, In re
Feb
10
2021
Ruling
Court denied the stay relief motion because debtor's multiple bankruptcy cases were notintended to hinder or delay the bank. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors
ABI Membership is required to access the full summary of Peta, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Porzio, In re--JP Morgan Chase Bank, NA v. Porzio
Dec
06
2019
Ruling
Creditor was granted relief from automatic stay as debtor consistently failed to honor theobligations of a debtor in good faith and used the bankruptcy filings as a scheme to delayforeclosure proceedings. (Bankr. D. Conn.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors
ABI Membership is required to access the full summary of Porzio, In re--JP Morgan Chase Bank, NA v. Porzio Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Anderson, In re
Nov
20
2018
Ruling
Creditor's motion for relief from stay was granted where court found that the filing of the casewas part of an intentional effort by debtor to prevent the creditor from completing theforeclosure sale of the property. (Bankr. D. Me.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors
ABI Membership is required to access the full summary of Anderson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Misenti, In re
Jun
14
2018
Ruling
Creditor granted in rem relief from automatic stay as debtor had engaged in a scheme tohinder, delay, and defraud the creditor by continuously forestalling the foreclosure ofdebtor's property. (Bankr. D. Conn.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.
ABI Membership is required to access the full summary of Misenti, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
City of Pittsburgh Prop. Dev., In re--McKeesport Area Sch. Dist. v. City of Pittsburgh Prop. Dev.
Jan
03
2018
Ruling
Relief from automatic stay granted as debtor filed its bankruptcy petition as part of a scheme to delay, hinder, or defraud the movants through the non-consensual transfer of real property. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property; Transfer of Ownership.
ABI Membership is required to access the full summary of City of Pittsburgh Prop. Dev., In re--McKeesport Area Sch. Dist. v. City of Pittsburgh Prop. Dev. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Dials, In re--Dials v. HSBC Bank USA, N.A.
Sep
30
2017
Ruling
Court granted in rem relief from the automatic bankruptcy stay in order to allow foreclosureproceedings against the real property in question, as a prior order for relief was deemedbinding on the bankruptcy debtor. (Bankr. S.D. W. Va.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.
ABI Membership is required to access the full summary of Dials, In re--Dials v. HSBC Bank USA, N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Marr Sanchez & Assocs. v. Hernandez (In re Hernandez)
Aug
16
2016
Ruling
In rem relief denied to creditor that was not secured. (Bankr. N.D. Cal.)
Issue(s)
Was creditor entitled in in rem relief from the automatic stay?
ABI Membership is required to access the full summary of Marr Sanchez & Assocs. v. Hernandez (In re Hernandez) 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 Khurana
Jun
17
2016
Ruling
Order issued confirming that relief from automatic stay issued in debtor’s earlier case remained in effect after filing of second case.
Issue(s)
Was creditor entitled to an order enforcing the termination of stay awarded in debtor’s prior dismissed case?
ABI Membership is required to access the full summary of In re Khurana Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: