Everchanged, Inc. v. First Nationwide Mortgage Corp. (In Re Everchanged, Inc.)
United States Bankruptcy Court, S.D. Georgia
1Opinion of the Court
ORDER ON MOTION TO SET ASIDE FORECLOSURE AND TO IMPOSE SANCTIONS
LAMAR W. DAVIS, Jr., Bankruptcy Judge.
On the day following the filing of this Chapter 11 petition Respondent, First Nationwide Mortgage Corporation (“FNMC”), having been provided with prior notice of the pendency of Debtor’s case, conducted a nonjudicial foreclosure of certain real estate located in Chatham County, Georgia, after announcing that the sale would be subject to prior approval of this Court. Debtor contends that the FNMC’s action in conducting the sale constitutes a willful violation of the automatic stay and seeks an…
2Cases cited6 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Colautti v. FranklinSupreme Court of the United States · 1979
- Martin v. SchindleySupreme Court of Georgia · 1994
- Bank of America National Trust & Savings Ass'n v. Virginia Hill Partners I (In Re Virginia Hill Partners I)United States Bankruptcy Court, N.D. Georgia · 1989
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3Cited by4 opinions
- St. Clair v. Beneficial Mortgage Co. (In Re St. Clair)District Court, D. New Jersey · 2000
- Ford v. Loftin (In Re Ford)United States Bankruptcy Court, N.D. Georgia · 2003
- Endover Palisades, LLC v. Stuart (In re Stuart)United States Bankruptcy Court, N.D. Georgia · 2018
- In re LambUnited States Bankruptcy Court, S.D. Georgia · 2012