Montgomery v. Dennis Joslin Co. II Ex Rel. Seasons Mortgage Group Inc. (In Re Montgomery)

How courts have described this case

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

• affirming bankruptcy court’s refusal to consider debtor’s fraudulent transfer theory as a defense to motion for relief from the stay
• noting that a court has discretion under § 362(d) to consider defenses or claims to a movant’s security interest but “the consideration cannot result in a pre-clusive adjudication on the merits of the underlying claim for avoidance”
• noting that a court has discretion under § 362(d) to consider defenses or claims to a movant’s interest as secured party but “the consideration cannot result in a pre-clusive adjudication on the merits of the underlying claim for avoidance”
• noting that court has discretion under § 362(d
• hearings on motions for relief are summary proceedings, and the court’s consideration of evidence should stop “as soon as it appears that the movant has a ‘colorable claim’ to the property in question.”
• finding the bankruptcy court should have stopped a hearing on a motion for relief from the stay during which a party may have had a colorable claim to recover property because it was not brought as an adversary proceeding

Source: CourtListener parenthetical corpus (CC0).