202109.16
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Third Circuit affirms award of sanctions against University for willful stay violation in refusing to provide transcripts

The ruling came in  Cal Coast Univ. v. Alekna (In re Aleckna), 2021 U.S. App. LEXIS 27128, 2021 WL 4097155 (3rd Cir. 9 September 2021).  The debtor owed $6,300 toward tuition payments prepetition, and had scheduled the university as disputed.  Upon seeking transcripts and advising the university of the bankruptcy, the university eventually sent transcripts with…

202109.09
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Oregon bankruptcy court awards debtor fees for defending motion for relief from stay under state reciprocal fee statute

In a decision that may have reflected some frustration at the creditor’s conduct, the a bankruptcy court in Oregon granted the debtor’s request for $4,123.50 in fees for defending a motion for relief from stay on an automobile lease with a subsidiary of Nissan Motor Acceptance Company that had gone to final evidentiary hearing, when…

202108.16
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Submission of proposed order post-petition on state court ruling made pre-petition violates stay subjecting counsel to sanctions

Judge Specie in Pensacola, Florida sanctioned counsel for a creditor in a Subchapter V chapter 11 case for submitting a written order on the request of a state court judge substituting their client for the debtor in a pending lawsuit.  The background was a stipulated deficiency judgment against the debtor by NWE165, LLC in the…