Legal Opinion
Kline v. Deutsche Bank National Trust Co. (In re Kline)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided June 1, 2012No. BAP No. NM-11-088; Bankruptcy No. 05-12174; Adversary No. 09-01035PublishedCited by 16 opinions
1Opinion of the Court
BROWN, Bankruptcy Judge.
The issue before this Court is whether the bankruptcy court properly granted summary judgment against Debtor-Appellant on her claim that Defendants-Appel-lees willfully violated the automatic stay. The bankruptcy court concluded that Defendants committed a technical, but not willful, violation of the stay when they, without notice of Debtor’s bankruptcy case, served an amended state court foreclosure complaint on Debtor eight days after her petition date. Although service of the amended foreclosure complaint was void because it violated the automatic stay, the…
2Cases cited15 opinions
- Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
- Bolden v. City of TopekaCourt of Appeals for the Tenth Circuit · 2006
- PJ Ex Rel. Jensen v. WagnerCourt of Appeals for the Tenth Circuit · 2010
- Kenman Engineering v. City of UnionCourt of Appeals for the Tenth Circuit · 2002
- Miller v. Deutsche Bank National Trust Co.Court of Appeals for the Tenth Circuit · 2012
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ng v. Adler (In re Adler)United States Bankruptcy Court, E.D. New York · 2013
- Ridley v. M & T Bank (In re Ridley)United States Bankruptcy Court, E.D. Oklahoma · 2017
- In re SwindleUnited States Bankruptcy Court, N.D. Illinois · 2018
- Rinaldi v. HSBC Bank USA, N.A.United States Bankruptcy Court, E.D. Wisconsin · 2013
- Schmid v. Bank of America, N.A. (In re Schmid)United States Bankruptcy Court, W.D. Wisconsin · 2013
11 more not listed; retrieve them via the Exa API.