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· 10/20/2004

McMullen v. Sevigny (In Re McMullen)

Citations

  • 386 F.3d 320
  • 2004 U.S. App. LEXIS 21792
  • 2004 WL 2348512

How courts have described this case

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

  • finding that a board's proceedings to revoke an unscrupulous real estate broker's license constituted actions taken to benefit the public welfare
  • distinguishing proceedings to protect the public in the future from those that \seek recompense for [] alleged financial losses\
  • finding “[a]bsent [notice of the bankruptcy] on the part of a creditor, however, the violation is merely ‘technical,’ and no damages are to be awarded”
  • Normally, however, a creditor that commits a technical violation of the automatic stay, due to lack of notice, has an affirmative duty to remedy the violation as soon as practicable after acquiring actual notice of the stay.
  • noting, as proper, narrow construction of § 362(b)(4)
  • cataloguing cases of joint willful violations

Source: CourtListener parenthetical corpus (CC0).

Judges: Boudin, Cyr, Howard

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.