· 2/15/1991
Williams v. United Investment Corp. (In Re Williams)
Citations
- 124 B.R. 311
- 1991 Bankr. LEXIS 171
- 1991 WL 20768
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the Ninth Circuit adheres to the rule that violations of the automatic stay are void and criticizing the BAP decision in this case
- stay may be annulled to validate a foreclosure and “break a cycle of abusive, multiple bankruptcy petitions filed to hinder and delay creditors”
- “The power to annul the stay must ... be exercised sparingly.”
- notice of default recorded February 1988, notice of sale recorded June 1988, chapter 7 notice recorded February 1990; chapter 7 case thus filed two years after notice of default and eighteen months after notice of sale
- stay will be annulled in the case of the “ ‘stealthily silent’ debtor who continues actively to defend lawsuits, sometimes for years after filing a bankruptcy petition, without informing other parties or the court about the bankruptcy ease until an adverse judgment is imminent”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lisa Hill Fenning
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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