§ 362(b)(3)

Walker In re

Ruling: 
Court ruled that mere possession of the vehicle of the debtor by the possessory lien holder did not automatically grant the latter the protection afforded by the law. (Bankr. N.D. Ill.)
ABI Membership is required to access the full summary of Walker In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 20,2017, LexisNexis #0118-094

Hernandez v. Banco Popular De Puerto Rico Popular Mortg. Inc. (In re Hernandez)

Ruling: 
Filed but unrecorded mortgage could be the basis for a secured claim.
ABI Membership is required to access the full summary of Hernandez v. Banco Popular De Puerto Rico Popular Mortg. Inc. (In re Hernandez). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 18,2016, LexisNexis #0416-040

In re 800 Bourbon St. LLC

Ruling: 
Lien that was invalidated postpetition could be continued without violating the automatic stay and was not subject to avoidance.
ABI Membership is required to access the full summary of In re 800 Bourbon St. LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 20,2015, LexisNexis #1215-038

Branch Banking & Trust Co. v. Construction Supervision Servs. (In re Construction Supervision Servs.)

Ruling: 
Liens that arose upon subcontractor's prepetition delivery of materials were interests in debtor's property, even though not perfected on petition date.
ABI Membership is required to access the full summary of Branch Banking & Trust Co. v. Construction Supervision Servs. (In re Construction Supervision Servs.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 22,2014, LexisNexis #0614-043

FirstBank P.R. v. Mujica (In re Mujica)

Ruling: 
Creditor failed to establish that it had a validly perfected lien on the petition date or that it was entitled to the postpetition recording exception.
ABI Membership is required to access the full summary of FirstBank P.R. v. Mujica (In re Mujica). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 31,2014, LexisNexis #0714-039

Perez Mujica v. FirstBank P.R. (In re Perez Mujica)

Plaintiff debtor, brought an adversary proceeding seeking a holding that defendant creditor did not have a perfected mortgage lien over its real property under P.R. Laws Ann. tit. 30, § 2260, and was unsecured. The creditor asserted it was entitled to relief from the automatic stay under 11 U.S.C.S. § 362(b)(3). The parties filed cross motions for summary judgment. The mortgage in issue was unrecorded at the time of the bankruptcy filing.
Ruling: 
Relief from stay denied where creditor had not recorded mortgage and was unsecured.
ABI Membership is required to access the full summary of Perez Mujica v. FirstBank P.R. (In re Perez Mujica). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 08,2011, LexisNexis #1011-004

In re Rios

In this chapter 11 case, the debtors filed an adversary proceeding against defendant creditor primarily with respect to the creditor's claim pertaining to mortgage liens and the creditor's contention that such liens were excepted from the automatic stay under 11 U.S.C.S. § 362(b)(3). The debtors filed a motion for summary judgment and the creditor filed a cross motion for summary judgment.
Ruling: 
Unrecorded mortgage liens were exempt from stay due to relation back mechanism of Puerto Rican law.
ABI Membership is required to access the full summary of In re Rios. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 07,2010, LexisNexis #0710-004

Tosado v. Banco Popular de P.R. (In re Rios)

Debtors brought an adversary proceeding pursuant to 11 U.S.C.S. §§ 544(a), 547(b), 549. The proceeding was before the court upon debtors' motion for summary judgment. Creditor filed a cross-motion for summary judgment.
Ruling: 
Unrecorded mortgage liens fell within perfection of property interest exception to stay.
ABI Membership is required to access the full summary of Tosado v. Banco Popular de P.R. (In re Rios). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 20,2009, LexisNexis #0410-078

United States v. Hump (In re Hump)

Plaintiff, the United States, acting through the Department of Interior, Bureau of Indian Affairs ("BIA"), filed a motion for summary judgment on its claims against defendant chapter 12 debtors, which sought permission to record under 11 U.S.C. § 362(b)(3) its mortgage on certain land conveyed or to be conveyed to one of the debtors and the entry of a judgment granting the BIA an equitable lien on the property.
Ruling: 
Bureau of Indian Affairs not entitled to equitable lien against chapter 12 debtors-in- possession as it would be voidable and not serve any legitimate purpose.
ABI Membership is required to access the full summary of United States v. Hump (In re Hump). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re WorldCom Inc.

The debtors filed a motion for partial summary judgment to reclassify creditor's claim number as unsecured. The creditor filed its own motion for summary judgment and argued that its claim was secured by virtue of a mechanic's lien under Nebraska law.
Ruling: 
Creditor's claim was unsecured due to failure to act to protect lien that expired thirty days after chapter 11 plan confirmation.
ABI Membership is required to access the full summary of In re WorldCom Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Subscribe to § 362(b)(3)