Rushing v. Green Tree Servicing, LLC (In Re Rushing)

How courts have described this case

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

• ruling that the debtor’s non-filing spouse did not have standing to pursue a claim under 11 U.S.C. § 362(k)
• recognizing statutory nature of stay, but concluding that court still has interest in ensuring compliance
• “A bankruptcy court has a unique and compelling interest in insuring obedience to the restrictions imposed by the automatic stay.”
• complaint under § 362(k) not subject to mandatory arbitration because the rights asserted are conferred by the Bankruptcy Code, not the debtor's pre-petition legal or equitable rights
• non-debtor’s alleged loss not shown to have resulted from stay violation

Source: CourtListener parenthetical corpus (CC0).