A car lender willfully violated the automatic stay in a Chapter 13 case by failing to return a repossessed vehicle to the debtor promptly after receiving notice of his bankruptcy petition, the 2nd U.S. Circuit Court of Appeals has ruled in affirming judgment.
A bank seeking to proceed with a home foreclosure lacked standing to obtain relief from the automatic stay entered in the homeowner’s bankruptcy case, the 10th Circuit has ruled in reversing judgment.
An insolvent asbestos defendant’s bankruptcy filing does not stay all litigation involving solvent co-defendants, the Alabama Supreme Court has ruled.
The assignee of a security interest in a motor vehicle had standing to set aside the automatic stay in the borrower’s bankruptcy case, even though the assignment hadn’t been recorded in accordance with applicable state law, the 6th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
Chapter 7 debtors could avoid judicial liens on their homestead property in order to prevent a bank from continuing foreclosure proceedings, the 8th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
The automatic stay in an attorney’s bankruptcy case does not preclude the imposition of a suspension for failing to pay fee arbitration awards to clients, the New Jersey Supreme Court has ruled.
States are not liable for attempting to collect delinquent child support payments in alleged contravention of orders in a father’s bankruptcy case, the 11th Circuit has ruled in reversing contempt sanctions.
Published: June 1, 2011
Tags: automatic stay
A law firm and its client are liable for willfully violating the automatic stay in a bankruptcy case, the 1st Circuit has ruled in reversing judgment.
The automatic stay in a corporation’s bankruptcy case did not prevent its owner from being sued by a creditor in state court under an alter ego theory, the California Court of Appeal has ruled in affirming a $292,000 judgment.
A home lender may have violated the automatic stay in a bankruptcy case when it recalculated the debtors’ post-petition escrow payments, the 3rd Circuit has ruled in reversing judgment.