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VIOLATIONS OF THE AUTOMATIC STAY IN A CHAPTER 13 REPRESENTS A PRIVATE CAUSE OF ACTION OF A DEBTOR THAT DOES NOT BELONG TO A TRUSTEE.
24 Jul 2006, 8:18 am
BAP 1998) (Section 105(a), and not section 362(h), was employed because the trustee is not an "individual" within the meaning ofsection 362(h)); In re Elder-Beerman Stores Corp., 206 B.R. 142, 152 (S.D.Ohio 1997); and, In re Stockbridge Funding Corp., 145 B.R. 797, 813 (S.D.N.Y. 1992) (stating a trustee cannot receive damages under 362(h)), among other court's taking the same stance. [read post]
StayViolation.Com - http://www.stayviolation.com/
Bankruptcy Hijacking: Limited Relief From Stay is Appropriate
5 Jul 2012, 5:53 pm by Christine Wilton
See In re Van Ness, 399 B.R. 897 (Bankr. [read post]
Los Angeles Bankruptcy Law Monitor - http://www.losangelesbankruptcylawmonitor.com
Oh, Won't You (362) Stay Just a Little Bit Longer? Part II
13 Feb 2006, 12:23 pm by Unknown
Thus, in In re Montoya, 333 B.R. 449 (Bankr. [read post]
ABI's BAPCPA Blog - http://bapcpa.blogspot.com/
Judge Diehl: Undisbursed Funds Paid Into Court For Garnishment Are Property Of The Estate
28 Mar 2014, 7:50 am by Scott Riddle
  See also In re Williams, 460 B.R. 915 (Bankr. [read post]
Georgia Bankruptcy Blog - http://www.georgiabankruptcyblog.com/
Homes In Massachusetts Trusts Protected By Homesteads
27 Feb 2010, 12:16 pm by L. Jed Berliner, Springfield & Marlborough, MA Bankruptcy Attorney
Rodrigues noted that Spinelli’s validity was questioned earlier by In re Szwyd, 346 B.R. 290 (Bankr.D.Mass. 2006) (Boroff, J.) and In re Kahn, 375 B.R. 5 (B.A.P. 1st Cir. 2007) Massachusetts has an oddball statute protecting homesteads, difficult to understand and even more difficult to apply. [read post]
Bankruptcy Law Network - Real Lawyers, Real Solutions - http://www.bankruptcylawnetwork.com
Ninth Circuit Court of Appeals Rejects Approaches of Hardacre and Jass
5 Jun 2008, 7:54 pm
In re Hardacre, 338 B.R. 718 (Bankr. [read post]
Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/
Art Consignment Agreements Under New York law - Best Practices For Protecting Art, Particularly When The Market Is Distressed
23 Sep 2009, 2:08 pm by Daniel Schnapp
S.D.N.Y. 2005) and In re Morgansen's Ltd., 302 B.R. 784 (Bankr. [read post]
Art Law - http://artlaw.foxrothschild.com/
In re The Hacienda Company, LLC – a Flicker of Hope for Distressed Cannabis Companies:  Can Non-Operating Cannabis Companies Liquidate in Bankruptcy?
19 Apr 2023, 5:03 pm by Keith C. Owens and Michael R. Herz
  A recent opinion from the United States Bankruptcy Court for the Central District of California, In re The Hacienda Company LLC, Case No. 2:22-bk-15163-NB, 674 B.R. 748 (Bankr. [read post]
In the Weeds - https://cannabislaw.foxrothschild.com/
The Fight Against An Alarming Trend: Section 706(b) Motions – Part 2
7 Jun 2021, 8:16 pm by Nicholas Gebelt
In re Garcia, 606 B.R. 98, 106 (Bankr. [read post]
Southern California Bankruptcy Law Blog - http://www.southerncaliforniabankruptcylawblog.com
New York State Court Holds That Attorney-Client Communications Stored on Employer's E-mail Server Not Protected by A/C Privilege
7 Nov 2007, 7:46 am
In re Asia Global Crossing, Ltd., 322 B.R. 247 (S.D.N.Y.2005). [read post]
Federal Civil Practice Bulletin - http://federalcivilpracticebulletin.blogspot.com/
11th Cir. - Secured Creditor May Still Pursue Deficiency After Surrender of "910 Vehicle"
29 Sep 2008, 11:37 pm
See In re Rodriguez, 375 B.R. 535, 548 (9 Cir. [read post]
Georgia Bankruptcy Law Blog - http://www.georgiabankruptcyblog.com/
Plan Amendment and Modification: Differences
16 Oct 2014, 7:52 am by Jordan Bublick
" In re Sunahara, 326 B.R. 768, 781 (BAP 9th Cir. 2005). [read post]
Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/
The Ninth Circuit Holds that Bankruptcy Courts Have Authority to Recharacterize Debt as Equity
14 May 2013, 9:48 am
” In so holding, the Court disagreed with the decision of the Ninth Circuit BAP in In re Pacific Express, Inc., 69 B.R. 112, 115 (B.A.P. 9th Cir.1986)), which held that bankruptcy courts were limited to the statutory remedy of equitable subordination under 11 U.S.C. [read post]
Bankruptcy and Restructuring Blog - http://www.bankruptcylawblog.com/
This Just In: The Whole is Greater than The Sum of the Parts
16 Mar 2011, 12:33 pm by Buce
In re McMillin, 441 B.R. 348 (Bankr. [read post]
Underbelly: A Journal of Soft Information - http://underbelly-buce.blogspot.com/
Pre-SSPA Case Illustrates One More Twist On The Fiduciary Duty Claim In Structured Settlement Factoring Transactions
18 Feb 2011, 2:15 am by Peter Vodola
Another opinion, In re Granati, 270 B.R. 575 (Bkrtcy. [read post]
Secondary Insurance Market Blog - http://www.secondaryinsurancemarketblog.com/weblog/
Emotional Distress Damages Awarded for Creditor Violations of the Automatic Stay
18 Aug 2008, 2:22 pm
Taylor, 369 B.R. 282, Bankr. [read post]
Massachusetts Bankruptcy Blog - http://www.goldsteinandclegglaw.com/bankruptcy_blog
Marital Obligations in Bankruptcy Clarified Spouse’s Duty to Pay Opponent’s Attorney Fees May Be Held Non-Dischargeable in Bankruptcy
1 May 2013, 2:39 pm by Jon McLaughlin
 See In re Walden, 312 B.R. 187 (Bankr. [read post]
McLean County Divorce - http://mcleancountydivorce.blogspot.com/
Chapter 7 Debtor Had No Constitutional Right to Counsel
21 Aug 2007, 6:17 am
The court further noted that although it had no duty to do so, the court had advised the Debtor to obtain counsel.The issue to use bankrutpcy estate funds to employ criminal counsel in a bankruptcy case was previously addressed in the Miami, Florida bankruptcy case of In re Duque, 48 B.R. 965 (DC Fla. 1984)(Hastings, J.). [read post]
Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/
Nevada Bankruptcy Court Rules Section 522(p)'s Homestead Exemption Cap Applies to Opt-Out States
1 Dec 2005, 12:38 pm
In so holding, the court rejected the decision in In re McNabb, 326 B.R. 785 (Bankr. [read post]
Start Fresh Today Bankruptcy Blog - http://info.startfreshtoday.com/blog
What are the debtor’s duties to disclose fully payments from a divorce in a subsequent bankruptcy case?
8 Jun 2011, 1:18 pm by admin
+Thunberg+(In+re+Thunberg),+413+B.R. [read post]
The Interplay Between Bankruptcy and Divorce Law in Virginia - http://bankruptcydivorceblawg.com