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§ 362

Hernandez, In re--Hernandez v. GMH of El Paso, LLC

Ruling
Court found no actual damages for alleged automatic stay violation by pawn shop, citing lack of evidence of harm and jewelry's availability for redemption. (Bankr. W.D. Tex.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 29, 2025 , LexisNexis #0725-032

Ard, In re

Ruling
No stay violation found as debtors failed to prove willful conduct or resulting damages from home owners’ association’s actions. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 29, 2025 , LexisNexis #0725-031

Elkins, In re

Ruling
Relief from stay granted as secured creditor lacked adequate protection in property not necessary to an effective reorganization and repeated filings by debtor and spouse constituted a scheme to delay, hinder, or defraud creditors. (Bankr. D. Conn.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on March 05, 2025 , LexisNexis #0525-007

Campanella, In re

Ruling
Reconsideration of stay relief denied as debtors' failure to raise argument about additional collateral securing creditor's claim at the initial hearing was not due to mistake, inadvertence, surprise, or excusable neglect. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on February 28, 2025 , LexisNexis #0525-006

Steward, In re

Ruling
Appellate order violated the automatic stay as it was a continuation of an action against the debtor. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on February 28, 2025 , LexisNexis #0425-079

Thomas, In re

Ruling
Power company and executor of debtor’s mother’s estate did not violate the automatic stay by terminating service on account in the mother’s name at mother’s property where debtor resided. (Bankr. S.D. Ga.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on February 25, 2025 , LexisNexis #0425-080

Hal Luftig Co., In re

Ruling
Extension of stay to debtor’s non-debtor sole shareholder for life of five-year plan satisfied the "unusual circumstance" test as enforcing the judgment against him would adversely impact the debtor's reorganization efforts. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Duration; All Other Acts.

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Commercial opinion summary, case decided on February 24, 2025 , LexisNexis #0425-082

Sampson, In re--Sampson v. Est. of Inglett

Ruling
Court ruled that annulling stay and validating foreclosure was appropriate given the particular facts of the case. (Bankr. S.D. Ga.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on February 21, 2025 , LexisNexis #0425-078

Ruiz, In re--Rodriguez v. Junta De Retiro Del Gobierno De P.R.

Ruling
Debtor’s claims for violation of the discharge that predated the effective date of the plan were discharged under the terms of the plan. (Bankr. D.P.R.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on February 20, 2025 , LexisNexis #0425-077

Carrigan, In re

Ruling
Debtor's amended plan was patently unconfirmable as it failed to provide for full payment of priority tax claims. (B.A.P. 1st Cir.)
Issue(s)
Automatic Stay; Duration.

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Consumer opinion summary, case decided on February 18, 2025 , LexisNexis #0425-081