Legal Opinion

Witkowski v. Knight (Witkowski)

Bankruptcy Appellate Panel of the First Circuit

Decided November 13, 2014No. BAP No. RI 14-034; Bankruptcy No. 14-10149-DFPublishedCited by 18 opinions

1Opinion of the Court

TESTER, Bankruptcy Appellate Panel Judge.

Mary E. Witkowski (the “Debtor”) appeals from the bankruptcy court’s April 16, 2014 order denying her motion for the imposition of sanctions against Kevin Knight (“Knight”) for his alleged violation of the automatic stay. For the reasons discussed below, we AFFIRM the order.

BACKGROUND

In 2011, the Debtor and her husband, Dennis Witkowski (“Mr. Witkowski”) (collectively the “Witkowskis”), executed a promissory note in the amount of $212,000.00 in favor of Knight. In order to secure the note, the Witkowskis granted a mortgage to Knight on their Coventry,…

2Cases cited36 opinions

  1. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
  2. Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998
  3. Lessard v. Wilton-Lyndeborough Cooperative School DistrictCourt of Appeals for the First Circuit · 2010
  4. In Re Ana J. De Jesus Saez, Debtor. Luis R. Martir Lugo v. Ana J. De Jesus Saez, George RieckehoffCourt of Appeals for the First Circuit · 1983
  5. Harvey Taylor v. Thomas McCune Slick, Individually and as of the Estate of Dorothy M. Ballantine, DeceasedCourt of Appeals for the Third Circuit · 1999

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3Cited by18 opinions

  1. Assured Guaranty Corp. v. Fin. Oversight & Mgmt. Bd. for Puerto Rico (In Re Fin. Oversight & Mgmt. Bd. for Puerto Rico)Court of Appeals for the First Circuit · 2019
  2. Smith v. ME Bureau of Revenue ServicesCourt of Appeals for the First Circuit · 2018
  3. In re BenderUnited States Bankruptcy Court, E.D. New York · 2016
  4. In re HaleUnited States Bankruptcy Court, E.D. New York · 2015
  5. In re GoodrichUnited States Bankruptcy Court, D. Vermont · 2018

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