Skip to main content

§ 362

Sticky Holsters, In re

Ruling
Minority shareholder violated the automatic stay by filing a motion in limine in state courtaction to preclude debtor from offering evidence that the shareholder's claims were derivativeand therefore property of the estate. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.

ABI Membership is required to access the full summary of Sticky Holsters, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 10, 2024 , LexisNexis #0924-031

Bunton, In re--Bunton v. Colonial Gardens, LLC

Ruling
Landlord's enforcement of the pre-petition eviction judgment entered against the debtors wasexcepted from the automatic stay. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Exceptions; Enforcement of Judgment of Possession of Residential

ABI Membership is required to access the full summary of Bunton, In re--Bunton v. Colonial Gardens, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 08, 2024 , LexisNexis #0924-032

Fuller, In re

Ruling
Debtor's appeal was barred by res judicata as the parties were identical and claims anddefenses litigated and decided in housing court were the same or sufficiently similar. (Bankr.D. Mass.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

ABI Membership is required to access the full summary of Fuller, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 25, 2024 , LexisNexis #0824-083

U Lock, Inc., In re

Ruling
Debtor's principal’s possession of two water tanks he was required to remove from debtor’sproperty pursuant to an earlier limited stay relief order did not violate the automatic stay.(Bankr. W.D. Pa.)
Issue(s)
Automatic Stay.

ABI Membership is required to access the full summary of U Lock, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 24, 2024 , LexisNexis #0824-078

Lyle, In re

Ruling
Unsecured creditor that committed the intentional act of mailing invoices with the imputedknowledge of the stay was subject to appropriate damages. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Scope.

ABI Membership is required to access the full summary of Lyle, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 21, 2024 , LexisNexis #0824-080

Wireless Sys. Solutions LLC, In re

Ruling
Bankruptcy court declined to hold the assignee's in contempt as debtor LLC did not show itsuffered harm tied to the bankruptcy case as a direct result of the assignees’ stay violation.(Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Scope.

ABI Membership is required to access the full summary of Wireless Sys. Solutions LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 21, 2024 , LexisNexis #0824-079

Bustos, In re

Ruling
Bank was entitled to relief from stay as unrebutted evidence was sufficient even though acopy of its deed was not admissible. (Bankr. D.N.J.)
Issue(s)
Automatic Stay; Burden of Proof.

ABI Membership is required to access the full summary of Bustos, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 12, 2024 , LexisNexis #0824-084

Hall, In re

Ruling
Creditor held liable for willfully violating automatic stay by filing state court motionsregarding dischargeable divorce debt without obtaining stay relief, after prior stay violationorder. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

ABI Membership is required to access the full summary of Hall, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 12, 2024 , LexisNexis #0824-028

Neely Grp., Inc., In re

Ruling
Debtor's motion for stay violation denied as franchisee had cause to terminate franchiseagreements pre-petition in accordance with agreement terms and applicable law. (Bankr. N.D.Ill.)
Issue(s)
Automatic Stay.

ABI Membership is required to access the full summary of Neely Grp., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 11, 2024 , LexisNexis #0824-027

Rojas, In re--Rojas v. Gomez

Ruling
Foreclosure sale held post-petition was void as it violated the automatic stay. (Bankr. N.D. Tex.)
Issue(s)
Automatic Stay; Scope.

ABI Membership is required to access the full summary of Rojas, In re--Rojas v. Gomez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 05, 2024 , LexisNexis #0824-006