· 3/13/1997
Soares v. Brockton Credit Union
Citations
- 107 F.3d 969
- 1997 WL 93317
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that debtors who act in bad faith “create situations that are ripe for retroactive relief.”
- holding that parties’ errors can be evaluated when deciding whether to accord stay relief
- noting that automatic stay is designed to afford debtors “breathing room” free from creditor “harassment”
- noting that ministerial acts, even if undertaken in a state judicial proceeding subsequent to a bankruptcy filing, do not fall within the proscription to the automatic stay
- suggesting that the debtor’s bad faith is a relevant consideration in determining requests for retroactive stay relief
- noting that date on which creditor asks state court to act is material on issue of good faith
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Sélya, Aldrich, Boudin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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