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