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· 8/19/2005

In the Matter of Vance Cole Chesnut, Debtor. Mark T. Brown, Templeton Mortgage Corp. v. Vance Cole Chesnut

Citations

  • 422 F.3d 298
  • 2005 U.S. App. LEXIS 17609
  • 2005 WL 1995385

How courts have described this case

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

  • explaining that a willful violation of the automatic stay does not require a specific intent to violate the automatic stay but rather requires the defendant’s actions which violated the stay to be intentional
  • “The Bankruptcy Code’s automatic stay is designed to ensure the orderly distribution of assets by temporarily protecting the property of the debtor’s estate from the reach of creditors”
  • “There are three elements to a claim [for a violation of a bankruptcy stay]: (1) the defendant must have known of the existence of the stay; (2) the defendant’s acts must have been intentional; and (3) these acts must have violated the stay.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Wiener, Clement

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.