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· 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 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.