11 U.S.C. § 362

271 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Natural Solutions Corp. v. Terrabind Int'l, Inc.
  840 So. 2d 387· Fla. 4th DCA· 2003-03-19 ·cited 2×
  Petitioners sought certiorari review of an order compelling production of documents from NSC's former counsel's file in a malicious prosecution and abuse of process action. The court granted the petition in part, quashing the order only as to petitioner NSC based on the automatic
• Singer Furniture Acquisition Corp. v. SSMC Inc. N.V.
  254 B.R. 46· M.D. Fla.· 2000-09-28 ·cited 2×
  The court affirmed the bankruptcy court's dismissal of Singer's Chapter 11 petition for bad faith filing and affirmed the denial of sanctions, finding the Virginia Order did not violate the automatic stay as it affected non-debtor assets.
• Venn v. St. Paul Fire & Marine Ins. Co.
  173 B.R. 759· N.D. Fla.· 1994-10-25 ·cited 2×
  The court denied the defendant's motions for judgment as a matter of law and for a new trial, finding that while the underlying Florida Supreme Court decision had significant flaws, the jury's verdict was supported by evidence and the court was bound by prior appellate mandates.
• In re Goodman v. Knight
  991 F.2d 613· 9th Cir.· 1993-04-23 ·cited 2×
  The court held that a corporation cannot recover damages under 11 U.S.C. § 362(h) for willful violation of the automatic stay, but may pursue damages through civil contempt, and that the Knights willfully violated the automatic stay.
• In re Calder v. Reta JOB
  973 F.2d 862· 10th Cir.· 1992-08-25 ·cited 2×
  Upon conversion from Chapter 13 to Chapter 7, all property of the Chapter 13 estate, including after-acquired property, becomes part of the Chapter 7 estate; conversion is effective upon court order, not the filing of a motion; and denial of amendment to claim exemptions was prop
• In re Lumber Exch. Bldg. Ltd. P'ship v. The Mut. Life Ins. Co. OF NEW York
  968 F.2d 647· 8th Cir.· 1992-06-29 ·cited 2×
  The court held that the debtor's separate classification of a creditor's claim was an improper attempt to manipulate the voting process, rendering the reorganization plan unconfirmable and justifying dismissal of the Chapter 11 case.
• In re Montoya v. United States
  965 F.2d 554· 7th Cir.· 1992-06-25 ·cited 2×
  The court held that the time during which the IRS claims were disallowed by the bankruptcy court, in addition to the automatic stay period, must be excluded from the three-year look-back period for tax dischargeability.
• In re Still v. Wright
  963 F.2d 75· 5th Cir.· 1992-06-17 ·cited 2×
  The FDIC-as-Receiver cannot use the defense provided by § 550(b)(1) of the Bankruptcy Code to avoid a preferential transfer because it did not take the assets for value.
• In re Eagle-Picher Indus., Inc. v. Eagle-Picher Indus., Inc.
  963 F.2d 855· 6th Cir.· 1992-05-07 ·cited 2×
  The court affirmed the district court's order, holding that the bankruptcy court did not abuse its discretion in granting a preliminary injunction to protect the debtor's reorganization efforts, even without a full evidentiary hearing, and that the recusal issue was not preserved
• In re Mitchell v. Mitchell
  954 F.2d 557· 9th Cir.· 1992-01-21 ·cited 2×
  The court held that under 11 U.S.C. § 506(a), an automobile in a Chapter 13 plan should be valued at its wholesale value, and a creditor does not have a security interest in a mechanical service contract itself, only in any potential premium refund.
• In re Pecan Groves OF Arizona v. Vucurevich
  951 F.2d 242· 9th Cir.· 1991-12-16 ·cited 2×
  The court held that intervenors B & C and Tilley, as creditors and lienholders, lacked independent standing to appeal the bankruptcy court's decision regarding violations of the automatic stay when the trustee did not appeal.
• Price v. Rochford
  947 F.2d 829· 7th Cir.· 1991-11-08 ·cited 2×
  11 U.S.C. § 362(h) creates a cause of action that can be enforced after bankruptcy proceedings have terminated, but summary judgment was appropriate for most defendants due to lack of evidence of willful violation.
• In re Frieouf v. United States
  938 F.2d 1099· 10th Cir.· 1991-07-10 ·cited 2×
  A bankruptcy court's authority under 11 U.S.C. § 349(a) to dismiss a case with prejudice is limited to denying discharge of debts, not barring all future access to bankruptcy court beyond the 180-day period specified in § 109(g).
• In re Roete v. Smith
  936 F.2d 963· 7th Cir.· 1991-07-10 ·cited 2×
  The court held that presenting a negotiable instrument for payment after a bankruptcy filing does not violate the automatic stay if it falls under a statutory exception, and that sanctions against counsel for a frivolous brief were appropriate.
• In re Leonard and Jeanette Wieseler v. Leonard and Jeanette Wieseler
  934 F.2d 965· 8th Cir.· 1991-06-03 ·cited 2×
  The court held that the bankruptcy court abused its discretion by vacating its order lifting the automatic stay, as the debtors' failure to comply with a stipulation constituted cause for lifting the stay.
• In re Holiday Intervals, Inc. v. Jack E. Brown for Holiday Intervals, Inc.
  931 F.2d 500· 8th Cir.· 1991-04-25 ·cited 2×
  The court held that promissory notes, even when included on land sale installment contracts, retain their status as instruments under the UCC.
• Vahlsing v. Commercial Union Ins. Co., Inc.
  928 F.2d 486· 1st Cir.· 1991-03-22 ·cited 2×
  The court held that the jury's verdict for the defendant on all counts was supported by sufficient evidence and proper jury instructions, affirming the district court's judgment.
• In re Canal Place Ltd. P'ship v. AETNA Life Ins. Co.
  921 F.2d 569· 5th Cir.· 1991-01-08 ·cited 2×
  The court affirmed the district court's judgment, upholding the bankruptcy court's order to lift the automatic stay, finding no reasonable prospect for a successful reorganization.
• In re Anderson v. Farm Credit Bank OF ST. Paul
  913 F.2d 530· 8th Cir.· 1990-09-06 ·cited 2×
  The court held that the debtors failed to meet their burden of showing a realistic prospect of effective reorganization, thus affirming the bankruptcy court's order lifting the automatic stay.
• Laughlin v. United States Internal Revenue Serv.
  912 F.2d 197· 8th Cir.· 1990-08-15 ·cited 2×
  The IRS violated the automatic stay by levying on undistributed funds held by a Chapter 13 trustee, as these funds constitute property of the estate. The Anti-Injunction Act does not bar the trustee's action to enforce the stay.
• In re Warne Ehring v. Western Community Moneycenter
  900 F.2d 184· 9th Cir.· 1990-04-03 ·cited 2×
  A nonjudicial foreclosure sale by a secured creditor within 90 days of bankruptcy filing is a transfer, but it does not constitute an avoidable preference under 11 U.S.C. § 547(b) if the creditor does not receive more than it would have in a Chapter 7 liquidation.
• In re Teerlink Ranch Ltd. v. Lambert
  886 F.2d 1233· 9th Cir.· 1989-10-06 ·cited 2×
  A debtor in possession exercising rights under 11 U.S.C. § 544(a) cannot use those powers to avoid its own pre-bankruptcy debts by obtaining an assignment of a debt it paid. The bankruptcy court's order approving a settlement did not collaterally estop a party from later seeking
• Grundy Nat'l Bank v. Rife
  876 F.2d 361· 4th Cir.· 1989-06-05 ·cited 2×
  The court held that a creditor is entitled to an administrative expense for missed payments or diminution in collateral value due to the automatic stay, and for lost opportunity costs, and that due process requires notice and a hearing before terminating or continuing an automati
• Charter Crude Oil Co. v. Exxon Co.
  103 B.R. 302· M.D. Fla.· 1989-04-20 ·cited 2×
  The court held that Exxon's objections to the bankruptcy court's report and recommendation were overruled, adopting the bankruptcy court's findings regarding setoff, prejudgment interest, contract interpretation, mitigation of damages, and allowance of claims.
• In re White v. White
  851 F.2d 170· 6th Cir.· 1988-07-11 ·cited 2×
  The court held that a bankruptcy court did not abuse its discretion by lifting the automatic stay to allow state divorce proceedings to determine marital property division, deferring to the state court's expertise.
• In re Cimarron Invs. v. Wyid Props.
  848 F.2d 974· 9th Cir.· 1988-06-03 ·cited 2×
  Undersecured creditors are not entitled to compensation for the delay caused by the automatic stay in foreclosure on collateral.
• In re Commerce OIL Co. v. Commerce OIL Co. & Samuel K. Crocker
  847 F.2d 291· 6th Cir.· 1988-05-23 ·cited 2×
  The court held that state proceedings to fix civil penalties under the Tennessee Water Quality Control Act are within the "police power" exception to the automatic stay in bankruptcy, and thus are not stayed.
• Alphonso McCRAY v. Adams
  529 So. 2d 1131· Fla. 1st DCA· 1988-04-06 ·cited 2×
  McCray filed suit to void an allegedly forged mortgage satisfaction and sought to foreclose on the mortgage, but the trial court dismissed most defendants and found it lacked jurisdiction over the debtor Skolsky due to the bankruptcy court's retained exclusive jurisdiction. The a
• In re Maanum v. Rieffer
  838 F.2d 991· 8th Cir.· 1988-02-08 ·cited 2×
  The dissenting judge argues that the panel opinion's interpretation of precedent unduly restricts debtors' rights under the Bankruptcy Code, particularly concerning state redemption periods.
• Saline State Bank v. Mahloch
  834 F.2d 690· 8th Cir.· 1987-11-23 ·cited 2×
  The court held that a single creditor lacks standing to invoke the avoidance powers under 11 U.S.C. § 544, and that while a mortgage assignment of rents clause may not be self-executing under Nebraska law, a post-petition application to sequester rents can perfect the mortgagee's
• In re Reserves Dev. Corp. & RDC Monongah, Inc. v. Chauncey H. Browning
  821 F.2d 520· 8th Cir.· 1987-06-29 ·cited 2×
  The court dissolved the bankruptcy court's injunction against the State of West Virginia, finding the subject property was no longer property of the estate.
• Chandler Bank OF Lyons v. RAY
  804 F.2d 577· 10th Cir.· 1986-10-14 ·cited 2×
  A creditor's in rem lien survives a debtor's bankruptcy discharge even if the creditor took no action to preserve its lien rights during the bankruptcy proceedings.
• Bostick Foundry Co. v. Lindberg
  797 F.2d 280· 6th Cir.· 1986-07-25 ·cited 2×
  The dissenting judge believes the district court should not have dismissed the case without bankruptcy court approval of the settlement, given the parties' prior positions and the creditors' interests.
• In re Braniff Airways, Inc. v. Braniff Airways, Inc.
  783 F.2d 1283· 5th Cir.· 1986-03-05 ·cited 2×
  The court held that the bankruptcy court's dismissal of the Airport's administrative rent claim based on res judicata was clearly erroneous, as the prior proceeding did not constitute a final adjudication of that specific claim.
• In re Harlan v. Harlan
  783 F.2d 839· 9th Cir.· 1986-02-19 ·cited 2×
  A creditor is entitled to relief from the automatic stay to enforce rights under a promissory note secured by the debtor's principal residence, even after plan confirmation, if the default is outside the plan and the plan could not lawfully modify the claim.
• In re Pentell v. Pentell
  777 F.2d 1281· 7th Cir.· 1985-11-27 ·cited 2×
  The bankruptcy court lacked jurisdiction over the insurance proceeds because the record did not establish they were part of the debtor's individual estate.
• Seidle v. Gatx Leasing Corp.
  45 B.R. 327· S.D. Fla.· 1984-11-14 ·cited 2×
  The court held that payments made by a debtor to an aircraft financer within ninety days of bankruptcy filing were not avoidable preferences because they were authorized by a post-petition stipulation under 11 U.S.C. § 1110 and the debtor was estopped from challenging them.
• In re Nat'l Serv. Corp. v. Nat'l Serv. Corp.
  742 F.2d 859· 5th Cir.· 1984-09-27 ·cited 2×
  The court held that the proposed billboard message constituted pure speech, and the injunction against it was an impermissible prior restraint on First Amendment rights.
• In re Maymie Clara Carter v. VAN Buskirk
  691 F.2d 390· 8th Cir.· 1982-10-20 ·cited 2×
  An attorney who receives actual notice of a bankruptcy court's restraining order is obligated to obey it, even if they believe the order is invalid, and cannot collaterally attack its validity.
• Alexandre v. Scribner Vill. Homeowners Ass'n, Inc.
  189 So. 3d 981· Fla. 4th DCA· 2016-03-30 ·cited 1×
  Marie Alexandre appealed the trial court's denial of her motion to stay a writ of possession and set aside a foreclosure sale by a homeowners association. The court reversed, holding that the trial court erred in proceeding with the foreclosure sale after Alexandre filed a Chapte
• Stephens v. Meininger (In Re Credit Life Corp.)
  184 B.R. 839· M.D. Fla.· 1995-08-01 ·cited 1×
  The court held that the bankruptcy court abused its discretion by denying the motion to annul the automatic stay, and that it was appropriate to lift the stay to allow the state court proceedings to determine ownership of the life insurance policy.
• In re Timely Secretarial Serv., Inc. v. Timely Secretarial Serv., Inc.
  987 F.2d 1167· 5th Cir.· 1993-04-08 ·cited 1×
  The court held that the bankruptcy court violated General Electric's due process rights by vacating an agreed order lifting the automatic stay without adequate notice and that the alleged oral agreement to allow subtenants to remain was unenforceable.
• In re Mako v. King
  985 F.2d 1052· 10th Cir.· 1993-02-16 ·cited 1×
  The court held that Retail Marketing Company (RMC) was not appointed as a representative of the estate under § 1123(b)(3)(B) to pursue avoidance actions because the plan language was too vague and lacked clear evidence of reservation of such powers.
• Tooke v. Sunshine Tr. Mortg. Tr. NO. 86-225
  149 B.R. 687· M.D. Fla.· 1992-06-22 ·cited 1×
  The court held that the appellants were likely to prevail on the merits of their appeal because the mandatory application of 11 U.S.C. § 109(g)(2) was not warranted by the facts, and therefore granted their motion for a stay pending appeal.
• Sec. Inv. Prot. Corp. v. Blinder
  962 F.2d 960· 10th Cir.· 1992-04-13 ·cited 1×
  The court held that a stockbroker's voluntary Chapter 11 bankruptcy filing satisfies the conditions under SIPA for appointing a trustee to liquidate the firm, as the filing itself demonstrates an inability to meet obligations as they mature and potentially impedes customer recove
• In re Bigalk v. Fed. Land Bank OF ST. Paul & Fed. Land Bank Assoc. of Rochester
  813 F.2d 189· 8th Cir.· 1987-03-09 ·cited 1×
  The court held that the debtor's repeated filings of Chapter 13 petitions within 180 days of voluntary dismissals, following motions for relief from stay, constituted an abuse of the bankruptcy process under 11 U.S.C. § 109(f).
• United States v. Troxler Hosiery Co., Inc.
  796 F.2d 723· 4th Cir.· 1986-08-04 ·cited 1×
  The automatic stay under the Bankruptcy Code does not apply to the collection of a criminal contempt fine.
• In re Peter J. Mullen (Debtor) v. United States
  696 F.2d 470· 6th Cir.· 1983-01-03 ·cited 1×
  The court held that the United States Air Force's right to recoup prepaid readjustment allowance payments from retirement benefits does not constitute a 'claim' under the Bankruptcy Code, and therefore the Automatic Stay did not apply.
• Rajesh C. Patel v. Rishi M. Patel
  142 F.4th 1313· 11th Cir.· 2025-07-08
  A bankruptcy court has the statutory authority under 11 U.S.C. § 362(d)(1) to annul the automatic stay for cause, and this power is not abrogated by the Supreme Court's decision in Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, which addressed removal jurisdiction a
• Myers v. 3073 Horseshoe Drive, LLC
  M.D. Fla.· 2025-06-23
  Summary judgment is granted for the defendant because the plaintiff failed to show a willful violation of the automatic stay or resulting damages.