In re Wade
Court of Appeals for the Seventh Circuit
1Opinion of the Court
Sykes, Circuit Judge.
Debtors Harold and Lorraine Wade moved for sanctions against Kreisler Law, P.C., alleging that the law firm violated the automatic stay arising from their bankruptcy petition by filing a lien against Lorraine's home. The couple had voluntarily dismissed a prior bankruptcy petition just a few months earlier, so the bankruptcy judge denied their motion based on 11 U.S.C. § 362(c)(3), which lifts the automatic stay after 30 days in the case of a successive petition. But the bankruptcy courts are divided over the proper interpretation of § 362(c)(3), so the judge certified…
2Cases cited6 opinions
- Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
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- In Re TurnerCourt of Appeals for the Seventh Circuit · 2009
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