Legal Opinion
In re Killmer
United States Bankruptcy Court, S.D. New York
Decided July 3, 2014No. Case No. 07-36011 (CGM)PublishedCited by 12 opinions
1Opinion of the Court
Chapter 7
MEMORANDUM DECISION FINDING VIOLATION OF THE AUTOMATIC STAY AND VOIDING COUNTY’S TAX SALE
CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE
Before the Court are dueling motions by Beneficial Homeowner Service Corporation (“Beneficial”) and Dutchess County regarding whether or not a tax sale performed in violation of the stay is void. Beneficial is seeking a declaratory judgment that the sale is void. Dutchess County is asking that the Court annul the automatic stay, which would render the tax sale valid. Herein, the Court finds that the factors for annulling the automatic stay…
2Cases cited11 opinions
- Rexnord Holdings, Inc. v. Maurice BidermannCourt of Appeals for the Second Circuit · 1994
- Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
- Fjeldsted v. Lien (In Re Fjeldsted)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- Eastern Refractories Co. Inc. v. Forty Eight Insulations Inc. Aycock Inc., Fibrex Inc. And Minnesota Mining & Manufacturing Co.Court of Appeals for the Second Circuit · 1998
- Sucre v. Mic Leasing Corp. (In Re Sucre)United States Bankruptcy Court, S.D. New York · 1998
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In re Congregation Birchos YosefUnited States Bankruptcy Court, S.D. New York · 2015
- Bank of N.Y. Mellon v. DeMatteisAppellate Division of the Supreme Court of the State of New York · 2023
- Hines v. Scottsboro Investment Group, LLC (In re Hines)United States Bankruptcy Court, N.D. Alabama · 2017
- In re McCrimmonUnited States Bankruptcy Court, D. Maryland · 2015
- Buczek v. Nationstar Mortgage LLCDistrict Court, W.D. New York · 2021
7 more not listed; retrieve them via the Exa API.