Gordon v. Taylor (In Re Taylor)

How courts have described this case

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

• concluding that creditor violated stay under section 362(a)(6) by applying postpetition payment to prepetition loan
• finding that the trustee’s failure to file a complaint until 11 months after the bank received payoff on the loan “consistent with ratification of Deutsche’s use of the funds or an implied waiver of Trustee’s stay violation claim against Deutsche.”
• \[T]he Bankruptcy Code in § 524(f) explicitly permits a debtor to make voluntary payments to a creditor on a discharged debt.\
• “Actual damages are available only upon a showing that an individual suffered an injury.”
• “Trustee doesn’t assert that Deutsche received any more than it was entitled to as an oversecured creditor, just that Deutsche’s failure to move for relief from stay somehow prevented Trustee from recovering the equity funds provided directly to Debtor at the Property’s closing.”
• “In addition to [the Chapter 7] Trustee’s lack of injury, recovery under § 362(h) [which is now located in § 362(k)] is limited to individuals… [w]hile a trustee can be an ‘individual’ if the trustee is a natural person (as opposed to, e.g., a corporate entity

Source: CourtListener parenthetical corpus (CC0).