11 U.S.C. § 362(A)

78 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Cont'l Airlines v. Cont'l Airlines, Inc.
  928 F.2d 127· 5th Cir.· 1991-03-21 ·cited 2×
  The court held that the automatic stay provision of 11 U.S.C. § 362(a) applies to the pilots' appeal because it constitutes a continuation of a judicial proceeding against the debtor, even though it originated from the debtor's initial bankruptcy filing.
• Hazen First State Bank v. Speight
  888 F.2d 574· 8th Cir.· 1989-11-01 ·cited 2×
  The court held that the automatic stay under 11 U.S.C. § 362(a) does not toll the expiration date of a contractual subordination agreement between creditors, and 11 U.S.C. § 108(c) does not extend such contractual expiration dates.
• DELTA Sav. & Loan Ass'n, Inc. v. Internal Revenue Serv.
  847 F.2d 248· 5th Cir.· 1988-06-17 ·cited 2×
  The IRS tendered an adequate amount when redeeming property under 26 U.S.C. § 7425(d) because the automatic stay did not prevent the foreclosing lienholder from pursuing a deficiency claim, and the redemption price is not meant to cover the entire debt if a deficiency judgment is
• Kathy B. Enters., Inc. v. United States
  779 F.2d 1413· 9th Cir.· 1986-01-06 ·cited 2×
  A bankruptcy discharge of a debtor's tax liability does not affect the liability of a fraudulent transferee under state law, and issues not raised in the lower court are generally not considered on appeal.
• List v. ST. Petersburg Hotel Ass'n, Ltd.
  466 So. 2d 1258· Fla. 2d DCA· 1985-04-12 ·cited 2×
  The appellate court affirmed the dismissal of a complaint with prejudice against defendants for failure to amend after being granted leave to do so, but reversed the dismissal against a defendant whose action was stayed due to bankruptcy proceedings.
• Indep. Union OF Flight Attendants v. PAN Am. World Airways, Inc.
  966 F.2d 457· 9th Cir.· 1992-04-10 ·cited 1×
  The court held that the automatic stay does not preclude a motion to dismiss an appeal when the underlying grievance has been withdrawn, and that the appeal is moot.
• First Fid. Bank, N.A. v. Prime Motor Inns
  130 B.R. 610· S.D. Fla.· 1991-07-30 ·cited 1×
  The Bankruptcy Court lacked subject matter jurisdiction to enjoin payment or distribution of proceeds under letter of credit contracts to which the Debtors were not parties.
• In re Carver v. Carver
  828 F.2d 463· 8th Cir.· 1987-09-08 ·cited 1×
  A judicially decreed period of redemption is not automatically stayed by 11 U.S.C. § 362(a) when a bankruptcy petition is filed, but is instead temporarily stayed under 11 U.S.C. § 108(b).
• In re Fla. Structural Grp., Inc.
  M.D. Fla.· 2025-08-05
  The district court held that withdrawal of the bankruptcy reference was neither mandatory nor permissive, as the bankruptcy court could properly handle the claims and withdrawal would interfere with administration.
• Dean St Brooklyn LLC (DE) v. U.S. Bank Nat'l Ass'n
  S.D. Fla.· 2024-02-14
  The court affirmed the Bankruptcy Court's dismissal of the Chapter 11 petition, holding that a finding of bad faith does not require proof of additional ill intent or fraud beyond the application of established factors, and that a plan of reorganization cannot be confirmed if the
• Hammocks Cmty. Ass'n Inc v. Cepero
  S.D. Fla.· 2023-06-23
  The court affirmed in part and reversed in part the bankruptcy court's contempt orders, finding that while the president violated a no-contact order and both parties violated the automatic stay, the homeowner's association was not liable for the president's conduct during a perso
• Laraine A. Calway v. Calway
  46 Fla. L. Weekly D165· Fla. 4th DCA· 2022-11-02
• RockSolid Grant (USA), Inc. v. MJM Consulting, Inc.
  S.D. Fla.· 2022-05-25
  The Court denied Plaintiff's objections to the Magistrate Judge's Report and Recommendation and affirmed the recommendation to stay the case.
• Mak, LLC v. Vuozzo
  S.D. Fla.· 2021-12-21
  The court held that a final default judgment was void because the plaintiff failed to provide proper notice to the defendant, who had appeared in the action, violating the defendant's due process rights.
• Woodforest Nat'l Bank v. Freeman Orthodontics, P.A.
  S.D. Fla.· 2020-06-11
  The court held that summary judgment could be granted against the guarantors because they failed to respond to the motion and the plaintiff demonstrated the existence of contracts, material breach, and resulting damages.
• Myers v. U. S. Bank Nat'l Assoc.
  Fla. 2d DCA· 2018-07-27
  This case involves two consolidated appeals concerning foreclosure actions. The appellate court affirmed the lower court's decisions without providing detailed reasoning, indicating the appeals lacked merit.
• Chase Manhattan Mortg. Corp. v. Padgett
  268 B.R. 309· S.D. Fla.· 2001-09-25
  The court held that a mortgagee waives its right to recover post-confirmation advances for escrow deficiencies if it fails to provide the required notice to the mortgagor under federal (RESPA) and state law.
• Carver v. Moody
  780 So. 2d 934· Fla. 1st DCA· 2001-02-09
  Carver, as personal representative of his deceased son's estate, appealed a probate court order that set aside a 1997 discharge and reopened the estate. After filing a Chapter 13 bankruptcy petition, Carver argued the automatic bankruptcy stay did not apply to his appeal because
• United States v. Palm Beach Cruises, S.A.
  204 B.R. 634· S.D. Fla.· 1996-04-18
  The filing of a voluntary bankruptcy petition does not stay a defendant's obligation to pay a criminal fine or post a performance bond as ordered by a criminal court.
• Hucke v. State OF Or. & Harl Haas
  992 F.2d 950· 9th Cir.· 1993-05-05
  The court held that a state court's probation revocation proceeding, when not intended as a debt collection effort but rather to address the purposes of probation, is a continuation of a criminal proceeding and thus exempt from the automatic stay provisions of the Bankruptcy Code
• In re March v. Kittay
  988 F.2d 498· 4th Cir.· 1993-03-08
  The court held that the appeal regarding the automatic stay's applicability was moot due to foreclosure, and the district court did not abuse its discretion in enjoining further proceedings in New York.
• Grabek v. Worldwide Specialty Merchandise, Inc.
  611 So. 2d 590· Fla. 4th DCA· 1993-01-06
  The court's granting of a stay of appeal against a debtor in bankruptcy is superfluous because the stay is automatic under the Bankruptcy Code.
• In re Geris v. Peoples Nat'l Bank
  973 F.2d 318· 4th Cir.· 1992-08-19
  The automatic stay provision of the Bankruptcy Code does not prevent foreclosure on real estate not owned by the debtor, even if the debtor is liable for the underlying indebtedness.
• Nat'l Labor Relations Bd. v. 15TH Ave. Iron Works, Inc.
  964 F.2d 1336· 2d Cir.· 1992-06-01
  The court held that the automatic stay provision of the bankruptcy code does not apply to NLRB enforcement proceedings, allowing for default judgment.
• In re Pinetree, Ltd. v. Pinetree, Ltd.
  876 F.2d 34· 5th Cir.· 1989-06-22
  An unrecorded deed is void against a creditor without notice under Mississippi law, meaning the property was not part of the debtor's estate and the automatic stay should have been annulled.
• In re State Airlines, Inc. v. Menut
  873 F.2d 264· 11th Cir.· 1989-05-17
  A conversion of a bankruptcy case from Chapter 11 to Chapter 7 does not reimpose the automatic stay of 11 U.S.C. § 362(a).
• Oulman v. Rolling Green, Inc.
  851 F.2d 1032· 8th Cir.· 1988-06-27
  The court affirmed the district court's decision, holding that the appellants' claims were barred by res judicata and that the second forfeiture notice was effective.
• Flournoy v. City Fin. OF Columbus, Inc.
  679 F.2d 821· 11th Cir.· 1982-06-14
  A secured creditor who repossesses a debtor's automobile through self-help is not a 'custodian' under the Bankruptcy Act, and thus is not required to deliver possession to the bankruptcy trustee.