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· 9/10/1997

Adams v. Hartconn Associates, Inc. (In Re Adams)

Citations

  • 212 B.R. 703
  • 38 Collier Bankr. Cas. 2d 1381
  • 1997 Bankr. LEXIS 1455
  • 1997 WL 570557

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding laches bars a claim for damages for violation of the automatic stay because of nineteen-month delay in filing motion to reopen
  • holding laches bars a claim for damages for violation of the automatic stay because of nineteen-month delay in filing motion to reopen
  • “Nothing would be achieved by recovering payment to a secured creditor who in any event is entitled to the payment ahead of other creditors.”
  • \[N]othing would be achieved by recovering payment to a secured creditor who in any event is entitled to the payment ahead of other creditors.\
  • debtor is time-barred from pursuing a claim for damages for violation of the automatic stay because the debtor waited nineteen months to file a motion to reopen
  • based on the totality of the circumstances, including a nineteen-month delay in bringing the action, the court concluded that the debtor was barred from recovering for the stay violation

Source: CourtListener parenthetical corpus (CC0).

Judges: Henry J. Boroff

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.