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Tag Archives: U.S. Bankruptcy Court

Substitute trustee’s foreclosure sale violated automatic stay (access required)

Where the substitute trustee’s sale of real property failed to comply with provisions required by the deeds of trust, the foreclosure sale was invalid, so that, when the substitute trustee recorded the deed, she violated the automatic stay. The amount ...

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Prejudgment interest reduced because of debtor’s delay (access required)

Where a construction company was entitled to recover prejudgment interest on invoices unpaid by its customer but delayed in submitting its first invoice and delayed again in pursuing collection, the interest ran from the date of the last invoice, not ...

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Suit ‘related to’ bankruptcy is transferred (access required)

A claim that two of the debtor’s officers fraudulently induced a contract was “related to” the bankruptcy litigation because the officers might be able to claim indemnification from the debtor, thereby altering its liabilities. Because a majority of the relevant ...

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Firm’s post-petition control over garnished funds violates stay (access required)

Where a law firm continued to exercise control over garnished funds after receiving notice of the debtor’s bankruptcy filing, it violated the automatic stay. The debtor was awarded attorneys’ fees, but because she did not suffer damages and the firm’s ...

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