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
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St. Anne’s Credit Union v. Ackell, No. 12-10720 (D. Mass.)
Posted by NCBRC - August 3rd, 2012
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MERS v. Chong, No. 09-661 (D. Nev.)
Posted by NCBRC - September 3rd, 2011
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.)
Posted by NCBRC - September 3rd, 2011
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In re Mwangi, No. 09-1408 (B.A.P. 9th Cir.)
Posted by NCBRC - September 3rd, 2011
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.)
Posted by NCBRC - September 3rd, 2011
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)
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