· 6/19/2001
Rijos v. Banco Bilbao Vizcaya (In Re Rijos)
Citations
- 263 B.R. 382
- 2001 Bankr. LEXIS 738
- 38 Bankr. Ct. Dec. (CRR) 11
- 2001 WL 715654
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the “computer did it” defense to a willful violation of stay action is not viable
- “Nothing in the Bankruptcy Code or Federal Rules of Bankruptcy Procedure suggests that such a duty [to mitigate] exists.”
- debt-ors’ request for sanctions for willful violations of the automatic stay, brought by motions against dual creditors, satisfied the requirements of Fed. R. Bankr.P. 9013 and 7008
- creditor violated the automatic stay by sending two credit card statements even though the statements were issued accidentally by the computer while a new software was being installed
- “the ‘computer did it’ defense is not viable”
- “[T]he ‘computer did it’ defense is not viable[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Haines, Hillman, Feeney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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