§ 362(a)(4)

Jun
25
2021

Bank of N.Y. Mellon v. Enchantment at Sunset Bay Condo. Ass'n

Ruling: 
District court erred in concluding that bank lacked standing to challenge a foreclosure salethat it claimed was a violation of the automatic stay. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on June 25,2021, LexisNexis #0821-028
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Dec
06
2018

Lum Lung, In re

Ruling: 
Motion for retroactive relief from stay was granted where homeowners association willfully violated the automatic stay by proceeding with foreclosure of its assessment lien. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on December 06,2018, LexisNexis #0119-033
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Sep
12
2018

Osage Water Co., In re--Williams v. Hancock Constr. Co.

Ruling: 
Order of revival for the fourth judgment entered after the bankruptcy filing was void ab initio as it was a violation of automatic stay and was not entitled to the protection of the Rooker-Feldman doctrine. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on September 12,2018, LexisNexis #1018-096
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Apr
30
2018

Murphy, In re--Pettie v. Murphy

Ruling: 
Security deed recorded postpetition was void as it violated the automatic stay. (Bankr. N.D.Ga.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-004
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Aug
31
2017

Flyglo, LLC, In re

Ruling: 
Debtor's motion to hold creditor in contempt for violation of automatic stay granted ascreditor violated the automatic stay when creditor filed its lien with the Federal AviationAdministration. (Bankr. E.D. La.)
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Commercial case opionion summary, case decided on August 31,2017, LexisNexis #1017-007
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Feb
14
2011

In re Miller

Debtor filed a petition under chapter 13, and a health center filed a claim in the amount of $610 against the debtor's bankruptcy estate. The debtor filed an objection to the claim, alleging that it was void because it was perfected in violation of the automatic stay.
Ruling: 
Enforcement limitations period of health care creditor's lien, which was perfected prior to petition date, was tolled while debtor's case was pending.
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Consumer case opionion summary, case decided on February 14,2011, LexisNexis #0311-004
Aug
20
2010

In re Benefield

Before the court in Chapter 11 bankruptcy proceedings were creditors' motion for a determination that a stay was not in effect pursuant to 11 U.S.C.S. § 362(a)(4), debtors' emergency motion to declare the automatic stay in effect or to reinstate the automatic stay pursuant to § 362(c)(4), and creditors' motion for an order retroactively annulling an automatic stay.
Ruling: 
No stay was in effect in chapter 11 case filed within one year of two prior chapter 13 dismissals.
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Consumer case opionion summary, case decided on August 20,2010, LexisNexis #1010-041
Mar
31
2009

In re Magallanez

The matter was before the court on the motion of the trustee against a judgment creditor for violation of the automatic stay under 11 U.S.C.S. § 362(a)(4). The creditor's response asked the court to annul the stay.
Ruling: 
Recording of memorandum of judgment was void as a violation of stay but was not willful due to lack of notice.
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Consumer case opionion summary, case decided on March 31,2009, LexisNexis #0609-029
Jun
29
2006

In re Miglia

An attorney who represented the debtors in a prepetition lawsuit filed a secured claim against the estate. The chapter 7 trustee objected to the claim asserting that the estate could not pay attorney's fees and that the attorney failed to perfect his lien.
Ruling: 
Court allowed attorney's claim as unsecured since section 362(a)(4) barred attorney from perfecting by possession postpetition.
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