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§ 362(a)(7)

Collum, In re--Collum v. E. Ala. Med. Ctr.

Ruling: 
Creditor violated the stay where debtor provided evidence to creditor that he was inbankruptcy and creditor failed to take appropriate remedial steps. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on July 18,2019, LexisNexis #0919-053

In re Buttrill

Ruling: 
Right of offset of taxes could not be exercised without relief from the automatic stay.
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Consumer case opionion summary, case decided on March 31,2016, LexisNexis #0416-111

DAmico v. Dept of Treasury (In re DAmico)

Ruling: 
Treasury department's offset of debt owed to U.S. Postal Service from retirement benefits violated the automatic stay.
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Consumer case opionion summary, case decided on February 01,2016, LexisNexis #0216-113

Addison v. United States Dept of Agric. (In re Addison)

Ruling: 
Government's postpetition setoff of exempt tax overpayment against non-tax debt violated the automatic stay.
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Consumer case opionion summary, case decided on July 13,2015, LexisNexis #0815-007

In re Ramp Chevrolet

Chapter 11 debtor filed a motion to hold a franchisor in contempt for willfully violating the automatic stay, 11 U.S.C.S. § 362(a)(7), by asserting improper setoffs under 11 U.S.C.S. § 553 without court approval, and for filing a secured proof of claim in the debtor's case in violation of the automatic stay.
Ruling: 
Franchisor's reduction of debtor franchisee's wind-down payments was not a setoff and did not violate stay.
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Commercial case opionion summary, case decided on December 21,2010, LexisNexis #0211-108

In re Gunn

Movant creditor filed motion for relief from the automatic stay under 11 U.S.C.S. § 362(a)(7) so that it could exercise its state law right to offset commissions owed to respondent debtor against the creditor's pre-petition claim.
Ruling: 
Relief from stay denied as creditor could not offset postpetition obligation to debtor against debtor's prepetition debt.
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Consumer case opionion summary, case decided on August 11,2008, LexisNexis #0908-114

Ampel v. Ampel (In re Ampel)

Movant husband sought relief from the automatic stay to obtain a determination in state court of dischargeability under 11 U.S.C. § 523(a)(5) of certain obligations of his ex- wife, respondent, debtor. That motion was denied, but in connection with the motion, the husband may have violated the automatic stay when he continued postpetition to deduct from the debtor's monthly alimony payments amounts to repay certain debts owed by the debtor.
Ruling: 
Former spouse's deductions from monthly alimony payments to debtor were impermissible setoffs in violation of stay.
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In re Johnson

The court conducted a hearing on debtor's motion to extend the automatic stay and the creditor's opposition thereto. The court granted debtor's motion in open court and asked debtor's attorney to submit an order. The court signed the order granting the motion, but due to the nature of the creditor's opposition to the motion, the court entered a memorandum opinion clarifying its ruling.
Ruling: 
Creditor could not foreclose on the debtor's home since the stay did not automatically end after 30 days with respect to the debtor's home and thus remained in effect until the debtor's case was dismissed or discharged.
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