Legal Opinion
Foster v. Burns (In re Foster)
United States Bankruptcy Court, D. Maine
Decided August 4, 2017No. Case No. 14-20991; Adversary Proceeding Case No. 16-02033PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
Judge Peter G. Cary, United States Bankruptcy Court
Debtor Kenneth M. Foster alleges that his ex-wife, Diane E. Burns (f/k/a Diane Foster), willfully violated 11 U.S.C. § 362(a)1 by seeking to enforce and modify a divorce judgment without first obtaining relief from the automatic stay. An evi-dentiary hearing took place on March 1, 2017, during which Mr. Foster was the sole witness and four exhibits were admitted without objection. At that hearing, counsel for Ms. Burns moved for dismissal, which motion I took under advisement. Mr. Foster and Ms. Bums filed post-trial…
2Cases cited19 opinions
- Fleet Mortgage Group, Inc. v. KanebCourt of Appeals for the First Circuit · 1999
- Heghmann v. Indorf (In Re Heghmann)Bankruptcy Appellate Panel of the First Circuit · 2004
- Vázquez Laboy v. Doral Mortgage Corp.Court of Appeals for the First Circuit · 2011
- John Doe, Cross-Appellants v. United States of America, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1993
- Duby v. United States (In Re Duby)Bankruptcy Appellate Panel of the First Circuit · 2011
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3Cited by3 opinions
- In re: John Daniel DeaneUnited States Bankruptcy Court, D. Maine · 2026
- McGregor v. McGregorUnited States Bankruptcy Court, M.D. Florida · 2019
- Pope v. US Bank, National Association, as Legal Title TrusUnited States Bankruptcy Court, D. New Hampshire · 2022