Legal Opinion
In Re Snowden
United States Bankruptcy Court, W.D. Washington
Decided December 10, 2009No. 16-44065PublishedCited by 2 opinions
1Opinion of the Court
DECISION ON MOTION FOR SANCTIONS
PHILIP H. BRANDT, Bankruptcy Judge.
Debtor Rupanjali Snowden has moved for sanctions against Check Into Cash (“CIC”), from whom she got a prepetition payday loan. I conclude that CIC willfully violated the automatic stay of § 362 of the Bankruptcy Code 1 when it initiated a post- petition electronic transfer from Snow-den’s bank account based on information from the post-dated cheek she gave CIC when she got the loan.
The § 362(b)(ll) exception to the stay for the presentment of negotiable instruments does not protect CIC, because the electronic transfer was not…
2Cases cited14 opinions
- Hillis Motors, Inc. v. Hawaii Automobile Dealers' Ass'nCourt of Appeals for the Ninth Circuit · 1993
- Eskanos & Adler, P.C. v. Somkiat G. LeetienCourt of Appeals for the Ninth Circuit · 2002
- In Re Daniel R. Bucknum, Dba Bucknum, Levine & Smith, Debtor. Joe W. Moody, Bernice H. Moody v. Daniel R. Bucknum, Dba Bucknum, Levine & SmithCourt of Appeals for the Ninth Circuit · 1991
- In Re: Brenda F. Hines, Debtor. Robert L. Gordon v. Brenda F. HinesCourt of Appeals for the Ninth Circuit · 1998
- In Re Lon McGhan AKA Lon L. McGhan Fdba Envirotrend, Inc. Fdba McGhan Management, Debtor. Lon McGhan v. Jason RutzCourt of Appeals for the Ninth Circuit · 2002
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3Cited by2 opinions
- In Re KearnsUnited States Bankruptcy Court, D. Idaho · 2010
- Prithvi Catalytic, Inc. v. Microsoft Corp. (In re Prithvi Catalytic, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 2017