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· 4/25/2006

In Re Abdul Muhaimin

Citations

  • 343 B.R. 159
  • 2006 Bankr. LEXIS 738
  • 2006 WL 1153898

How courts have described this case

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

  • holding that in rem relief prevents the debtor and “any other third party with an interest in the property to obtain the benefits provided by the automatic stay in future bankruptcy cases”
  • “a plan or program of action; esp: a crafty or secret one”
  • “To obtain section 362(d)(4) relief, the court must find three elements to be present,” which are (i) a scheme by the debtor, (ii) to delay, hinder and defraud creditors, (iii) involving the actions listed in either section 362(d)(4)(A) or (B)
  • pre-2010, court holds that the “and” creates a deliberate conjunctive test
  • “The repeated nature of the various filings by Debtor, each filed just prior to a foreclosure sale scheduled by the secured creditor or after foreclosure proceedings were initiated by the secured creditor, constitutes a scheme by each debtor … to hinder creditors”

Source: CourtListener parenthetical corpus (CC0).

Judges: E. Stephen Derby

Read full opinion on CourtListener

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.