In Re Adomah
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM OF OPINION
ALLAN L. GROPPER, Bankruptcy Judge.
Before the Court is a motion by the Chapter 7 debtor, Syrria Adomah (the “Debtor”), for an order imposing damages on Bank of America for an alleged violation of the automatic stay of § 362 of the Bankruptcy Code, 11 U.S.C. § 362. Bank of America defends on the grounds that (i) the Debtor does not have standing to bring this motion; (ii) even if the Debtor did have standing, the Court cannot hold Bank of America liable for violating the automatic stay because the Bank, as a passive garnishee in receipt of a restraining notice, was not…
2Cases cited26 opinions
- Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- Rexnord Holdings, Inc. v. Maurice BidermannCourt of Appeals for the Second Circuit · 1994
- In Re Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co. v. Esselen Associates, Inc.Court of Appeals for the Second Circuit · 1990
- Fleet Mortgage Group, Inc. v. KanebCourt of Appeals for the First Circuit · 1999
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- Yelverton v. District of ColumbiaDistrict Court, District of Columbia · 2014
- In Re PhillipsUnited States Bankruptcy Court, M.D. North Carolina · 2010
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