Tag Archives: automatic stay

Disclosing Assets: You Cannot Have Your Cake and Eat It Too

Fornesa v. Fifth Third Mtg. Co., 897 F.3d 624 (5th Cir. 2018) – A debtor and his son sued a bank for foreclosing on property that the debtor acquired from his son postpetition while the automatic stay was in effect. Litigation … Continue reading

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Automatic Stay Relief: Where Best to Untangle Joint Ownership Interests?

In re Guy, 587 B.R. 475 (Bankr. E.D.N.C. 2018) – A chapter 7 debtor and his sister jointly owned real property as tenants-in-common. The sister moved for relief from the automatic stay in order to commence a state court action for … Continue reading

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Leases: Prepetition Termination May Be A Get Out of Bankruptcy Free Card – Or Not

In re Indiana Hotel Equities, LLC, 586 B.R. 870 (E.D. Mich. 2018) – The debtor leased nonresidential real property under a lease that was terminated before the bankruptcy petition was filed. The lessor filed a motion seeking a bankruptcy court order … Continue reading

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Delinquent Property Tax Procedures: To Stay or Not to Stay

In re Administrative Order Regarding Sale of Tax Certificates by Florida Tax Collectors, FLMB 2018-1, 583 B.R. 794 (Bankr. M.D. Fla. 2018) – In response to repeated requests for comfort orders, a bankruptcy court issued a district wide administrative order confirming … Continue reading

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Multiple Bankruptcy Filings: Try, Try, Try Again (… And Again… And Again)

United States v. Olayer (In re Olayer), 577 B.R. 464 (Bankr. W.D. Pa. 2017) – After a debtor filed his fifth chapter 12 petition in 21 years, the Department of Agriculture Farm Service Agency (FSA) filed a motion for relief from … Continue reading

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Deficiency Claims: State Law Procedures Can Safely Be Ignored … Or Not

Melikian Enterprises, LLLP v. McCormick, 863 F.3d 802 (8th Circuit 2017) – Individual chapter 11 debtors objected to a proof of claim filed by a deed of trust creditor for the deficiency remaining after a trustee’s sale of their property. … Continue reading

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Serial Filings That Block a Creditor: Better Not to Obtain More Relief Than You Need

In re Ross, 838 F.3d 779 (3rd Cir. 2017) – A debtor filed bankruptcy to block a foreclosure. When he sought to voluntarily dismiss the case, the bankruptcy court granted the request but also enjoined him from filing at any … Continue reading

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