automatic stay in chapter 13

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3.720 documents for automatic stay in chapter 13

- Foreclosing Bank Can't Set Aside Bankruptcy Stay, Rules 10th Circuit
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. The bank brought a foreclosure action against the homeowner and a state court issued an order authorizing the sale of the homeowner's property. The homeowner responded by filing a Chapter 13 bankruptcy petition. The automatic stay entered in his case halted the foreclosure proceedings.
- Lawyers USA
- February 10, 2012
- BRENDA MARIE JONES V., (9th Cir. 2011)
... not excepted from discharge in Jones's Chapter 7 bankruptcy proceeding. Although debts arising be... provision") when, as relevant here, an automatic stay precludes the creditor from collecting on the..., as a consequence of Jones's prior Chapter 13 bankruptcy case, the lookback period was suspended...
- Federal Circuits
- Dennis Klein, Petitioner V. Commissioner of Internal Revenue, Respondent
...362(c)(3) (2006), the automatic stay arising from P's second bankruptcy petition t... petition - apparently his first - under Chapter 13 of the Bankruptcy Code. The Bankruptcy Court di...
- United States. Tax Court. Reports
- Vol. 135 Nbr. 1, July 2010

- BRENDA MARIE JONES V., (9th Cir. 2011)
... not excepted from discharge in Jones's Chapter 7 bankruptcy proceeding. Although debts arising be... provision") when, as relevant here, an automatic stay precludes the creditor from collecting on the..., as a consequence of Jones's prior Chapter 13 bankruptcy case, the lookback period was suspended...
- Federal Circuits
- Till v. SCS Credit Corp., 541 U.S. 465 (2004)
..." permitted by the Bankruptcy Code, a Chapter 13 debtor's proposed debt adjustment plan must pro... was unsecured.5 Petitioners' filing automatically stayed debt-collection activity by their various c...
- U.S. Supreme Court
- Gruber v. Wright, (Ohio 2010)
debt, nondischargeable, automatic stay, relief, case closing

..., Anthony Gruber, commenced a case under Chapter 7 of the United States Bankruptcy Code. Appellee ... efforts during the pendency of a Chapter 13 proceeding. It does not. As long as the collectio...
- Ohio Supreme Court
- In Re. Miguel A. Diaz vs State of FL Dept of Revenue, Miguel A. Diaz, vs Commonwealth of Virginia Dept of Social Services, (11th Cir. 2011)
... agencies’ alleged violations of the automatic stay and discharge injunction. Exercising jurisdic.... On May 24, 2002, Diaz filed for Chapter 13 bankruptcy protection, listing the Florida DOR ...
- Federal Circuits
- Pennsylvania Dept. of Public Welfare v. Davenport, 495 U.S. 552 (1990)
..., respondents filed a petition under Chapter 13 of the Bankruptcy Code in the Bankruptcy Court,... debtor from the operation of the Code's automatic stay provision, is not inconsistent with granting ...
- U.S. Supreme Court
- In Re: Ingrid Olsen, (2nd Cir. 2009)
...(3) that the proceedings in Ingrid Olsen's Chapter 11 bankruptcy case, to the extent they affected Ollsen's property, violated the automatic stay of Olsen's separate Chapter 13 bankruptcy cas...
- Federal Circuits
- Campbell vs. Countrywide Home, (5th Cir. 2008)
... October 13, 2008. No. 07-204...They alleged Countrywide violated the automatic stay in their Chapter 13 bankruptcy. The bankruptc...
- Federal Circuits