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Legal Opinion

In Re Banks

United States Bankruptcy Court, E.D. Michigan

Decided September 13, 2000No. 19-20380PublishedCited by 23 opinions

1Opinion of the Court

Opinion

STEVEN W. RHODES, Bankruptcy Judge.

The debtor, Denise Banks, filed a motion for damages for violation of the automatic stay. In response, the creditor asserted that the stay violation was not willful. The Court conducted an eviden-tiary hearing to determine the issue.

Previously, the creditor had properly obtained an order granting relief from the stay. However, the creditor was unaware that under Bankruptcy Rule 4001(a)(3), as amended effective December 1, 1999, the order granting relief from the stay was itself stayed for ten days. As a result, the creditor caused a writ of…

2Cases cited15 opinions

  1. Tel-A-Communications Consultants, Inc. v. Auto-Use (In Re Tel-A-Communications Consultants, Inc.)United States Bankruptcy Court, D. Connecticut · 1985
  2. Elder v. City of Thomasville (In Re Elder)United States Bankruptcy Court, M.D. Georgia · 1981
  3. In Re BriggsUnited States Bankruptcy Court, E.D. Michigan · 1992
  4. Mitchell Construction Co. v. Smith (In Re Smith)United States Bankruptcy Court, N.D. Georgia · 1995
  5. Ledford v. Tiedge (In Re Sams)United States Bankruptcy Court, S.D. Ohio · 1989

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3Cited by23 opinions

  1. In Re BriskeyUnited States Bankruptcy Court, M.D. Alabama · 2001
  2. Wohleber v. Skurko (In re Wohleber)Bankruptcy Appellate Panel of the Sixth Circuit · 2019
  3. Caffey v. Russell (In Re Caffey)United States Bankruptcy Court, S.D. Alabama · 2008
  4. In Re JohnsonUnited States Bankruptcy Court, D. Idaho · 2001
  5. Bankers Healthcare Group, Inc. v. Bilfield (In re Bilfield)United States Bankruptcy Court, N.D. Ohio · 2013

18 more not listed; retrieve them via the Exa API.

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