Legal Opinion
In re Weidenbenner
United States Bankruptcy Court, S.D. New York
Decided December 12, 2014No. Case No. 14-35443 (CGM)PublishedCited by 7 opinions
1Opinion of the Court
Chapter 7
MEMORANDUM DECISION FINDING STAY VIOLATION AND AWARDING DAMAGES
CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE
Before the Court is Debtors’ motion alleging that an administrative freeze on Debtors’ bank accounts by Wells Fargo violated the automatic stay and seeking damages. For the below reasons, the Court now finds that the administrative freeze did violate the stay, the turnover provisions of the Code do not excuse the violation, and that Debtors have standing to prosecute the violation and are entitled to actual damages.
Jurisdiction
This Court has subject matter…
2Cases cited19 opinions
- Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A.Supreme Court of the United States · 1994
- Northwest Airlines, Inc. v. Transport Workers UnionSupreme Court of the United States · 1981
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- Mahon v. Ticor Title Insurance CompanyCourt of Appeals for the Second Circuit · 2012
- In Re Fugazy Express, Inc.Court of Appeals for the Second Circuit · 1992
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Grinspan v. Grinspan (In re Grinspan)United States Bankruptcy Court, E.D. New York · 2019
- Lex Claims, LLC v. Financial Oversight & Management BoardCourt of Appeals for the First Circuit · 2017
- Colonial Penniman, LLC v. Williams (In re Colonial Penniman, LLC)United States Bankruptcy Court, E.D. Virginia · 2017
- Lex Claims, LLC v. Garcia-PadillaDistrict Court, D. Puerto Rico · 2017
- Christine Marie MorelloUnited States Bankruptcy Court, D. Connecticut · 2021
2 more not listed; retrieve them via the Exa API.