Legal Opinion

In Re Meadows

United States Bankruptcy Court, S.D. Ohio

Decided January 7, 2008No. 06-30887PublishedCited by 3 opinions

1Opinion of the Court

Decision on Order Granting Motion for Sanctions Under 11 U.S.C. § 362(k)(l) and Ordering Other Matters

GUY R. HUMPHREY, Bankruptcy Judge.

The issues in this contested matter are whether Buckeye Check Cashing, Inc., dba CheckSmart (“Buckeye”) willfully violated the automatic stay provided by 11 U.S.C. § 362(a) and, if so, what is the appropriate remedy for such a violation. Specifically, the stay violation issue is whether Buckeye’s retention of funds received from the postpetition presentment of a Chapter 13 debtor’s check constitutes a willful violation of the automatic stay once Buckeye…

2Cases cited16 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. Barnhill v. JohnsonSupreme Court of the United States · 1992
  4. In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989
  5. TranSouth Financial Corp. v. Sharon (In Re Sharon)Bankruptcy Appellate Panel of the Sixth Circuit · 1999

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3Cited by3 opinions

  1. Yoon v. Minter-HigginsDistrict Court, N.D. Indiana · 2008
  2. Davison v. KanipeDistrict Court, E.D. Tennessee · 2009
  3. Gus A. Paloian, not individually, but solely in his capacity as the duly-appointed Trustee for the estate of Robert M. Kowalski v. Byline BankUnited States Bankruptcy Court, N.D. Illinois · 2025

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