Topic: whether to annul the automatic stay is a decision committed… · Go Syfert
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Topic #26383

4 canonical passages across 4 cases, quoted by 15 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from In Re Margaret J. Myers, Debtor. Margaret J. Myers.

#Case FlagCanonical passage Citers
1 In Re Margaret J. Myers, Debtor. Margaret J. Myers Anchor
ca3 · 2007
green “whether to annul the automatic stay is a decision committed to the bankruptcy court's discretion, and may be reversed only for abuse of that discretion.” 6
2 New York Guardian Mortgage Corp. v. Dietzel
pa · 1987
green “a set-off for an alleged violation of the truth-in-lending act cannot be asserted as a counter-claim in a mortgage foreclosure action.” 3
3 Rambo v. Chase Manhattan Mortgage Corp. (In Re Rambo)
paeb · 2003
green “cannot succeed if it is proven that (1) the creditor was fully secured; (2) the transfer was nothing more than a seizure of the secured creditor's collateral; or (3) the unsecured creditors would be paid in full in a chapter 7 case.” 3
4 Norwest Bank Minnesota v. Andrews (In Re Andrews)
pamb · 2001
green “the avoidance of the prepetition transfer moots the defendant's request to lift the automatic stay.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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