Automatic Stay Archives - Page 3 of 3 - National Consumer Bankruptcy Rights Center

by Tara Twomey on September 3, 2011

MERS v. Chong, No. 09-661 (D. Nev.)

Type: Amicus
Date: August 20, 2009
Description: Whether MERS has standing to seek lift of stay in its own name.
Result: Affirmed. Debtor won.

Chong MERS D Nev opinion

Chong MERS NACBA amicus pt 1 D Nev
Chong MERS NACBA amicus pt 2 D Nev
Chong MERS NACBA amicus pt 3 D Nev

by Tara Twomey on September 3, 2011

In re Gruntz, No.97-55379 (9th Cir.)

Type: Amicus
Date: September 3, 1999
Description: Application of stay to criminal prosecution to collect child support debt; state court authority to decide stay/discharge violations.
Result: Affirmed. Debtor lost. 202 F.3d 1074 (9th Cir. 1999)
Brief Opinion

by Tara Twomey on September 3, 2011

In re Mwangi, No. 09-1408 (B.A.P. 9th Cir.)

Type: Amicus
Date: April 1, 2010
Description: Whether bank’s administrative hold on debtor’s account violates the automatic stay or turnover provisions.
Result: Reversed. Debtor won.
Mwangi BAP 9th Cir NACBA amicus

Mwangi BAP 9th Cir. opinion

by Tara Twomey on September 3, 2011

In re Suggs, No. 06-6077 (B.A.P. 8th Cir.)

Type: Amicus
Date: March 23, 2007
Description: Whether creditor violates automatic stay be seizing debtor’s vehicle pursuant to local rule without filing motion for relief from stay.
Result: Reversed. Debtor won. 377 B.R. 198 (B.A.P. 8th Cir. 2007)

Suggs BAP 8th Cir opinion

Suggs NACBA Amicus BAP 8th Cir