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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.
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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
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M.D. Fla.·
2023-03-31
The district court affirmed the bankruptcy court's order denying the debtors' motion for sanctions, finding no abuse of discretion.
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M.D. Fla.·
2023-01-26
Mortgage statements sent for informational purposes, even with some contradictory language, do not violate the automatic stay if they disavow collection efforts and direct payment to the trustee. The bankruptcy court's finding of a violation and imposition of sanctions is reverse
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M.D. Fla.·
2022-09-06
The court held that the plaintiffs failed to establish good cause to reopen the case because their claims of coercion and duress regarding the settlement agreement were not supported by Florida law, and their motion improperly disclosed confidential mediation details.
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S.D. Fla.·
2021-11-04
The district court affirmed the bankruptcy court's order and final judgment, finding no clear error in factual findings and no reversible error in legal conclusions regarding the automatic stay violation and claim timeliness.
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S.D. Fla.·
2019-10-30
The court held that the plaintiffs failed to state a claim upon which relief could be granted because the complaint lacked sufficient factual allegations to support a claim for violation of the automatic stay.
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312 B.R. 699·
M.D. Fla.·
2004-07-20
The court held that the plaintiffs failed to state a claim for relief and lacked standing for certain claims, but granted leave to amend the complaint.
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222 B.R. 656·
S.D. Fla.·
1998-03-06
The court affirmed multiple appeals from post-judgment proceedings concerning the appellant's failure to pay child support, upholding the trial court's dismissal of his petition for modification due to lack of record activity.
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183 B.R. 288·
M.D. Fla.·
1995-05-31
A creditor's failure to voluntarily return property lawfully repossessed prepetition, upon notification of the debtor's postpetition bankruptcy filing, violates the automatic stay.
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160 B.R. 391·
M.D. Fla.·
1993-11-09
The court held that O'Hara Moving & Storage, Inc. willfully violated the automatic stay by selling the debtor's household goods after receiving notice of her bankruptcy filing, and awarded actual damages and attorney fees.
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998 F.2d 756·
9th Cir.·
1993-07-16
The State of California cannot recover postpetition interest on prepetition unsecured taxes and is barred from recovering prepetition penalties because the estate's assets were exhausted before reaching the seventh priority class.
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977 F.2d 826·
3d Cir.·
1992-10-16
The court held that the bankruptcy court's finding that delivery fees were not applied to pre-petition debt was clearly erroneous, and Weis's application of these fees violated the automatic stay.
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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.
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930 F.2d 625·
8th Cir.·
1991-04-15
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921 F.2d 200·
8th Cir.·
1990-12-24
The court held that a lessor's actions to obtain possession of nonresidential real property after a lease has terminated by expiration of its stated term during a bankruptcy case are not violations of the automatic stay.
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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.
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869 F.2d 1319·
9th Cir.·
1989-03-13
Summary judgment was improper on the issue of insolvency because the creditor presented sufficient evidence to rebut the presumption of insolvency, creating a genuine issue of material fact.