Relief From Stay (11 U.S.C. § 362(D))

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

• In re 405 N. Bedford DR. Corp. v. 405 N. Bedford DR. Corp.
  778 F.2d 1374· 9th Cir.· 1985-12-17 ·cited 25×
  The court held that neither the bankruptcy court's denial of a motion to dismiss for bad faith nor its grant of a motion to cure defaults under 11 U.S.C. § 1124 constitutes a final, appealable order.
• Teachers Ins. & Annuity Ass'n OF Am. v. Butler
  803 F.2d 61· 2d Cir.· 1986-10-09 ·cited 19×
  The court held that the automatic stay under 11 U.S.C. § 362 applies to a debtor's appeal, but not to non-debtor co-defendants acting in bad faith. The court also affirmed the district court's sanctions.
• Sikes v. Global Marine, Inc.
  881 F.2d 176· 5th Cir.· 1989-08-25 ·cited 18×
  The bankruptcy court's orders modifying the automatic stay did not validate the Sikes' otherwise void personal injury complaint filed in violation of the stay.
• In re Boomgarden
  780 F.2d 657· 7th Cir.· 1985-12-19 ·cited 18×
  The court held that the bankruptcy court's order lifting the automatic stay was a final order, and that the debtor was afforded due process and that the bankruptcy court did not abuse its discretion in lifting the stay.
• NLT Computer Servs. Corp. v. Cap. Computer Sys., Inc.
  755 F.2d 1253· 6th Cir.· 1985-03-04 ·cited 10×
  The court held that the priorities established in the Bankruptcy Code prevail over the federal insolvency statute when bankruptcy proceedings are filed. It also held that the district court lacked the procedural authority to lift the automatic stay and proceed to the merits of th
• Riggs Nat'l Bank OF Wash. v. Perry
  729 F.2d 982· 4th Cir.· 1984-03-16 ·cited 7×
  The court held that while a due-on-bankruptcy clause alone is not cause to lift the automatic stay, the debtor's lack of equity in property requires the court to grant relief from the stay unless adequate protection is provided.
• 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.
• 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. Wilson
  974 F.2d 514· 4th Cir.· 1992-09-03
  The bankruptcy court has jurisdiction to determine a debtor's tax liability even if a proceeding is pending in the Tax Court, especially when the stay has been lifted and the Tax Court has not adjudicated the issue.