- 11 U.S.C.
Crouser v. BAC Home Loans Servicing LP (In re Crouser)
Aug
20
2012
Ruling
Proceeds of settlement of stay litigation were property of the estate.
Procedural posture
After debtor asked the court to approve a settlement with a creditor that had violated the stay in 11 U.S.C.S. § 362, which settlement included a $25,000 payment to debtor, the chapter 13 trustee objected to the settlement to the extent that it allowed debtor to receive the balance of the payment net of attorneys fees. At issue was whether, per 11 U.S.C.S. § 541 and 11 U.S.C.S. § 1306, a § 362(k) claim was property of debtor or of the estate.
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Court
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