In re Tippett

Jan

2006

Ruling

Automatic stay did not apply to sales or transfers, even authorized ones, initiated by the debtor and thus the transfer and liens were not void.

Procedural posture

Debtors, without authorization, sold their home to appellant buyer. Appellee trustee filed an adversary proceeding seeking turnover, quieting of title, and avoidance of the lien's of the buyer's lenders. The Bankruptcy Court for the Eastern District of California declared title to the property vested in the trustee and entered an order denying annulment of the automatic stay. The buyer and one of its lenders appealed.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on January 31, 2006 , LexisNexis #0306-059

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11 U.S.C.
- § 362
- § 362(a)

Ozenne v. Bendon (In re Ozenne)

Jan

2006

Ruling

Bankruptcy panel reversed an order denying sanctions since the panel found that the landlord of the debtor's storage unit had willfully violated the automatic stay by selling the debtor's property after having notice of filing.

Procedural posture

Pro se appellant bankruptcy debtor asserted that appellee landlord of the debtor's mini-storage unit sold the contents of the unit after the debtor filed his bankruptcy petition. The debtor appealed the order of the Bankruptcy Court for the Central District of California, which denied the debtor's motion for sanctions under 11 U.S.C. § 362 for the landlord's willful violation of the automatic bankruptcy stay.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on January 17, 2006 , LexisNexis #0206-029

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