Legal Opinion
Pyott v. Fairbanks Capitol Corp. (In Re Pyott)
United States Bankruptcy Court, E.D. Tennessee
Decided October 4, 2006No. Bankruptcy No. 02-13543, Adversary No. 06-1075PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM
R. THOMAS STINNETT, Bankruptcy Judge.
The chapter 13 debtors brought this action against Fairbanks Capital and Select Portfolio Services for violation of the automatic stay imposed by § 362(a) of the bankruptcy code. 11 U.S.C. § 362(a). The complaint asks that the defendants be held in contempt and also that they be held liable for damages on the ground that the stay violation was willful. 11 U.S.C. § 362(h). This memorandum deals with the motion to dismiss filed by Select Portfolio Services (SPS).
The allegations of the complaint are summarized below:
When the debtors filed their…
2Cases cited14 opinions
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- In Re Edward W. Toti, Debtor. Edward W. Toti v. United StatesCourt of Appeals for the Sixth Circuit · 1994
- Mann v. Chase Manhattan Mortgage Corp.Court of Appeals for the First Circuit · 2003
- Kerney v. Capital One Financial Corp. (In Re Sims)United States Bankruptcy Court, E.D. Tennessee · 2002
- In Re SammonUnited States Bankruptcy Court, D. South Carolina · 2000
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Culberson v. Nationstar Mortgage, LLC dba Mr. CooperUnited States Bankruptcy Court, E.D. Tennessee · 2022