Type: Amicus
Date: January 23, 2015
Description: Whether a debtor can obtain an award of attorney fees under section 362(k) for prosecuting stay violation. Seeking to overturn Sternberg v. Johnston, 595 F.3d 937 (9th Cir. 2010).
Result: Judgment affirmed, August 29, 2015, Petition for rehearing filed September 12, 2014; En banc decision affirming judgment of BAP and overturning Sternberg.
Nondischargeability of Debt Not Per Se “Cause” for Lifting of Stay
The Eleventh Circuit vacated the district court’s finding that nondischargeability of a debt, standing alone, is “cause” to grant relief from stay under section 362(d)(1). Disciplinary Board of the Supreme Court of Pa. v. Feingold (In re Feingold), No. 12-13817 (Sept. 17, 2013). [Read more…] about Nondischargeability of Debt Not Per Se “Cause” for Lifting of Stay
Proceeds of Settlement for Stay Violation Part of Bankruptcy Estate
The district court for the southern district of Georgia held that settlement proceeds from post-confirmation violation of the automatic stay under section 362(k) are property of the chapter 13 estate under section 1306(a)(1). Crouser v. BAC Home Loans Servicing, No. 12-156 (S.D. Ga. Aug. 21, 2013). [Read more…] about Proceeds of Settlement for Stay Violation Part of Bankruptcy Estate
Attorney Fees for Litigating Damage Actions Based On Stay Violation
The Ninth Circuit decision in Sternberg v. Johnston, reared its ugly head to limit recovery of attorney fees in a stay violation action in the recent case of Check Into Cash v. Snowden (In re Snowden), No. 12-1095 (W.D. Wash. March 11, 2013). Snowden came to the district court on appeal and cross-appeal of the Bankruptcy Court’s award of damages for emotional distress and punitive damages resulting from Check Into Cash (CIC)’s violation of the automatic stay.
After affirming both the emotional distress and punitive damage awards the court rejected the debtor’s invitation to revisit its earlier decision in a previous appeal that the award of attorney fees was properly limited, under Sternberg v. Johnston, 595 F.3d 937 (9th Cir. 2010), cert. denied, 131 S. Ct. 102 (2010), to those fees pre-dating the adversary proceeding. [Read more…] about Attorney Fees for Litigating Damage Actions Based On Stay Violation
U.S. Bank Fails to Establish Standing to Seek Relief from Stay to Foreclose
The Bankruptcy Court for the Southern District of New York denied U.S. Bank’s motion for relief from stay on the basis that U.S. Bank had failed to show that it had standing to obtain such relief. In re Idicula, No. 12-12120 (Bankr. S.D. N.Y. Jan. 10, 2013). [Read more…] about U.S. Bank Fails to Establish Standing to Seek Relief from Stay to Foreclose
St. Anne’s Credit Union v. Ackell, No. 12-10720 (D. Mass.)
Type: Debtor’s brief
Date: July 13, 2012
Description: Whether, when debtor files a bankruptcy petition within one year of dismissal, the automatic stay lapses after 30 days only as to the debtor and not as to the property of the estate under section 362(c)(3)(A).
Result: Judgment reversed and remanded, March 21, 2013
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 NACBA amicus pt 1 D Nev
Chong MERS NACBA amicus pt 2 D Nev
Chong MERS NACBA amicus pt 3 D Nev
In re Gruntz, No.97-55379 (9th Cir.)
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
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)