Legal Opinion
Ostrander v. Source One Financial Corp. (In re Mollison)
United States Bankruptcy Court, D. Massachusetts
Decided January 6, 2012No. Bankruptcy No. 10-32291; Adversary No. 11-3025PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
HENRY J. BOROFF, Bankruptcy Judge.
Before the Court are two matters, both of which center around § 362(h) of the Bankruptcy Code,1 added by the Bankruptcy Abuse and Consumer Protection Act of 2005 (the “BAPCPA”).2 Pursuant to the relatively new § 362(h), the automatic stay under § 362(a) (the “Automatic Stay”) terminates with regard to personal property that secures a prepetition debt if the debtor fails to timely state and then perform his or her intention to surrender, redeem, or reaffirm the property. The issues before the Court involve not only the scope and operation…
2Cases cited51 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Hamilton v. LanningSupreme Court of the United States · 2010
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3Cited by2 opinions
- Desmond v. Raymond C. Green, Inc. ex rel. Raymond C. Green Trust (In re Harborhouse of Gloucester, LLC)United States Bankruptcy Court, D. Massachusetts · 2014
- Toyota Motor Credit Corp. v. Dunn (In re Dunn)District Court, E.D. Pennsylvania · 2018