Legal Opinion
Henson v. Bank of America, N.A. (In re Henson)
United States Bankruptcy Court, D. Colorado
Decided September 11, 2012No. Bankruptcy No. 11-10788 EEB; Adversary No. 12-1365 EEBPublishedCited by 5 opinions
1Opinion of the Court
ORDER GRANTING MOTION TO DISMISS
ELIZABETH E. BROWN, Bankruptcy Judge.
THIS MATTER comes before the Court on the Motion to Dismiss Plaintiffs’ Complaint, filed by Defendant Bank of America, N.A. (“Bank”). In their complaint, the Debtors claim that the Bank has continually violated the automatic stay by allowing the pre-petition foreclosure sale date to be continued automatically, from week to week, by the public trustee, despite the fact that they have confirmed a Chapter 13 plan of reorganization to address the arrears owed to the Bank. According to the Debtors, the continuances have caused…
2Cases cited16 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Auster Oil & Gas, Inc. v. Matilda Gray StreamCourt of Appeals for the Fifth Circuit · 1985
- Diviney v. Nationsbank of Texas (In Re Diviney)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
- 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 by5 opinions
- Witkowski v. Knight (Witkowski)Bankruptcy Appellate Panel of the First Circuit · 2014
- Perez v. Deutsche Bank National Trust Co. ex rel. Certificate Holders of Morgan Stanley ABS Capital I Inc. Trust 2003-NC10Bankruptcy Appellate Panel of the First Circuit · 2016
- Caroline Joyce RellstabUnited States Bankruptcy Court, D. Massachusetts · 2020
- In re MontoyaUnited States Bankruptcy Court, D. New Mexico · 2016
- Matthew James WintersUnited States Bankruptcy Court, D. Utah · 2019