In re Arnell
Dec
26
2006
Ruling
Creditor credit union violated stay by exercising unauthorized setoff against debtor's account.
Procedural posture
Chapter 7 debtor filed a motion for sanctions against creditor, a credit union, pursuant to 11 U.S.C. § 362(h).
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Court
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In re Conley
Nov
22
2006
Ruling
Comfort order not available to confirm termination of stay due to debtor's failure to state intention to reaffirm debt or redeem collateral.
Procedural posture
A creditor filed a motion for the entry of a comfort order confirming the termination of the automatic stay, pursuant to 11 U.S.C. § 362(j), as to the debtors'automobile.
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Court
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In re McFall
Nov
22
2006
Ruling
Auto repossession did not violate stay which had expired due to debtor's failure to indicate intention to reaffirm debt or redeem collateral.
Procedural posture
Debtor, an individual, moved for an order requiring claimant, a secured creditor, to show cause why it should not be held in contempt for allegedly violating the automatic stay. At issue was whether debtor's statement that he intended to retain certain collateral and to make regular monthly payments thereon satisfied the requirements of 11 U.S.C. § 362(h)(1).
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Court
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Hanson v. LTD Commodities LLC (In re Hanson)
Nov
21
2006
Ruling
Default judgment for willful violation of stay denied where facts supported violation of discharge injunction.
Procedural posture
Plaintiff debtors filed an adversary complaint against defendants, a creditor and its attorneys, seeking damages for a willful violation of the automatic stay under 11 U.S.C. § 362(h). Defendants failed to answer, and the debtors sought the entry of a default judgment, an award of attorney fees, and punitive damages.
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Court
:
- 11 U.S.C.
In re Steinhaus
Sep
01
2006
Ruling
Stay terminated 30 days after filing where debtor did not elect to either redeem or reaffirm debt secured by automobile.
Procedural posture
A creditor filed a motion to confirm termination of an automatic stay, compel surrender of a vehicle, and authorize foreclosure upon the vehicle in the debtors'chapter 7 case. The court held a hearing on the motion.
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Court
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Bentley v. Nissan Motor Acceptance Corp. (In re Bentley)
Aug
10
2006
Ruling
Creditor's knowing repossession of debtor's vehicle was a willfull violation of stay.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor for violating the automatic stay by postpetition repossession of the debtor's vehicle. In the debtor's main case, the debtor also objected to the creditor's amended proof of claim, and the creditor moved for relief from the stay. The bankruptcy court conducted a trial addressing all of these matters.
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Court
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Rehabiltated Inner City Hous LLC v. Mayor of Baltimore City ( In re Lesick)
Jul
19
2006
Ruling
Limited liability company had standing to pursue automatic stay violation action, but court dismissed action seeking damages for stay violation under section 362(h).
Procedural posture
Defendants, a mayor, a city council, tax sale purchasers, and assignees, filed a motion to dismiss plaintiff limited liability company's ("LLC") action. The LLC sought to have certain tax sales declared void due to violation of the automatic stay in a chapter 7 case and sought damages under former 11 U.S.C. § 362(h) (current version at 11 U.S.C. § 362(k)(1)).
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Court
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In re Atamian
Jun
15
2006
Ruling
Debtor was granted motion for actual and punitive damages for creditor's violation of stay.
Procedural posture
Debtor filed a motion pursuant to 11 U.S.C. § 362(h) for sanctions, damages, and punitive damages against creditor and the creditor's insurer, as subrogee. The creditor opposed the motion and also filed a request for clarification of the court's previous order that granted the creditor limited relief from the automatic stay to permit the creditor to continue to pursue claims against the debtor.
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Court
:
- 11 U.S.C.
In re Boring
May
30
2006
Ruling
Motion to confirm absence of automatic stay was granted since debtor's statement of intention failed to state whether debtor was reaffirming, redeeming, or surrendering collateral securing debt.
Procedural posture
A creditor filed a motion to confirm the absence of the automatic stay after the debtor failed to affirmatively state on her statement of intention whether she was reaffirming, redeeming, or surrendering the collateral that secured her debt.
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Court
:
- 11 U.S.C.
In re Bennet
May
26
2006
Ruling
Reaffirmation of debt secured by real property denied as not in best interests of debtor since payments were current and ride-through limits applied only to personal property.
Procedural posture
The debtors and a creditor sought approval of a reaffirmation agreement regarding real property.
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Court
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