· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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