· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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