The Mississippi Bankruptcy Court in The Huntington National Bank vs. Ashley Mosby, case #21-11614, adversary case #21-1028, on September 1, 2022, denied the bank’s request to declare a debt non-dischargeable because the bank did not rely upon the debtor’s false statement. In this case the Debtor purchased a 2020 Dodge Challenger, financed by the bank, without disclosing she intended to...
From the Editor – Automatic Stay
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By The Honorable William Houston Brown (Retired)
Entry of discharge mooted appeal from stay relief order, but no in rem relief to purchaser from foreclosing creditor. The Chapter 7 debtor’s appeal from an order granting stay relief was dismissed for mootness, since the entry of discharge subsequent to the stay relief had the effect of terminating the automatic stay under § 362(c)(2)(C). The debtor had filed five Chapter 7 and 13 cases; however, the Bankruptcy Appellate Panel reversed a grant of in rem relief, since the party moving for stay relief had purchased . . .
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