” Continental Air Lines, 61 B.R. at 780 n.44 (citing United States v. 13 In addition, the Supreme Court has rejected plaintiffs’ view of deposit accounts as the type of property that is subject to section 362(a)(3). See Citizens Bank of Maryland v. Strumpf, 516 U.S. 16, 21 (1995) (“That view of things might be arguable if a bank account consisted of money belonging to the depositor and held by the bank.

-2- Case 2:16-cv-14400-SM-JVM Document 20-5 Filed 04/07/17 Page 2 of 3 10. Due to the seizureofthe Debtor-in-PossessionAccount ofKanethaArun Chau by Capital One, NA and related entities there is a continued loss ofbusiness tor Pho An, LLC and Thai Chili Restaurant which impedes her Plan Payments due to the violation of 11 u.s. C. § 362 of the Bankruptcy Code by Capital One, NA. 11.

17. Based upon the foregoing, good cause exists for an in rem termination of the stay as it applies to the Property, because the Debtors have repeatedly filed these successive cases in bad faith, solely for the purpose of invoking the stay to prevent VPB from pursuing its foreclosure efforts against the Property. These bad faith actions by the Debtors are designed to hinder, delay or defraud VPB, have caused it injury in the form of substantial and unnecessary expense and delay, and constitute an abuse of the automatic stay provided for in 11 U.S.C. §362. See Askri v. U.S. Bank, N.A., 2020 WL 1150197 (ED Va. 2020)(attached as Exhibit F)(finding that Bankruptcy Court properly granted in rem relief from stay due to scheme involving multiple bankruptcy filings close to time of foreclosure).

Moscona v. Cal. Bus. Bureau, Inc., NO. 10-CV-1468 BEN (CAB), 2011 U.S. Dist. LEXIS 123177, at * 9-10 (S.D. Cal. Oct. 24, 2011). Here, however, the automatic stay prohibited Defendant from collecting on the prepetition debt. 11 U.S.C. § 362(a)(6). Thus, the information inaccurately suggests that Defendant could collect on the prepetition debt at a time when Defendant was prohibited from doing so.

129 – “ORDER granting [in Case 2:15-cv-05042-SVW Document 8 Filed 09/14/15 Page 31 of 34 Page ID #:330   23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 whole or in part] motion for relief from automatic stay ACTION IN NON- BANKRUPTCY FORUM” and the docket from Mazur’s bankruptcy listing 114 entries after the August 31, 1998 order that include fee applications, the request to split the bankruptcy estate in half between Mr. and Mrs. Mazur, additional motions related to the automatic stay and the filing of an inventory of the estate in the periods after the August 1998 order).] LFG contends that, because the parties’ entered stipulation allowed the resumption of Mr. and Mrs. Mazurs’ Tax Court proceedings and the ultimate assessment of tax liabilities four years after the August 31, 1998 Order, the automatic stay was “terminated” under 11 U.S.C. § 362(a). [Dkt.

CHAPTER 13 CASE NO.: 19-12392 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust, Movant, v. Bruce Howe Vail Debtor(s), Carol E. Taylor Co-Debtor(s), Robert S. Thomas, II Trustee, Respondents. Case 19-12392 Doc 48 Filed 11/21/19 Page 40 of 43 NOTICE OF MOTION SEEKING RELIEF FROM STAYAND CO-DEBTOR STAY DECEMBER 13, 2019 AT 9:15 A.M. HEARING THEREON Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust has filed papers with the court seeking relief from the automatic stay of 11 U.S.C. § 362(a) and 1301 to enable it to proceed to enforce its available legal and equitable remedies with regard to the real property located at Your rights may be affected. You should read these papers carefully and discuss them with your lawyer if you have one on this case. (If you do not have a lawyer, you may wish to consult one.)

Moreover, the FDIC-Receiver‘s actions are in violation of the automatic stay. See 11 U.S.C. § 362(a)(3) (a bankruptcy filing automatically stays ―any act to obtain possession of property of the estate or of property from the estate or to 160 Campbell Dec. Ex.

Moreover, the FDIC-Receiver‘s actions are in violation of the automatic stay. See 11 U.S.C. § 362(a)(3) (a bankruptcy filing automatically stays ―any act to obtain possession of property of the estate or of property from the estate or to 160 Campbell Dec. Ex.

First, JPMC’s Second Claim arose post-petition—no earlier than December 19, 2008 when WMI asserted an interest in JPMC’s assets in the Bankruptcy Court. Such a claim “is not stayed by § 362(a)(1) [and] does not violate § 362(a)(3).” United States v. Inslaw, 932 F.2d at 1473 (citing In re Cont’l Air Lines, Inc., 61 B.R. 758, 775-80 (S.D. Tex. 1986)). Indeed, where, as here, the claims arise on account of post-petition conduct, that claim is not subject to the stay even if “a substantial claim adverse to the debtor’s claimed interest in property is asserted which might ultimately establish that the estate has no legal or equitable interest in the claimed property.” In re Levitz Furniture, Inc., 267 B.R. 516, 522 (Bankr. D. Del. 2000) (quoting Cont’l Air Lines, 61 B.R. at 778). A defendant is therefore not prohibited from asserting claims against a plaintiff- debtor when the cause of action against the debtor did not accrue until the debtor asserted its claims against the defendant. In re M. Frenville Co., Inc., 744 F.2d 332, 335-37 (3d Cir. 1984) (holding that automatic stay did not apply to accounting firm’s third party claim against debtor that did not arise until banks instituted post-petition su

Jose E. Ticas is a Co-debtor under the provisions of 11 U.S.C. § 1301(c) and is protected by the Co-Debtor stay. 17. Wilmington Savings Fund Society, FSB, As Owner Trustee Of The Residential Credit Opportunities Trust V-D will be irreparably harmed by the continuation of the Co-Debtor Automatic Stay. 18. As described hereinabove, cause exists to terminate the Co-Debtor Stay. WHEREFORE, Wilmington Savings Fund Society, FSB, As Owner Trustee Of The Residential Credit Opportunities Trust V-D prays that this Court issue an order terminating or modifying the Automatic Stay under 11 U.S.C. § 362 and Co-Debtor Automatic Stay under 11 U.S.C. § 1301, as to the property located at 6749 Manuel Street, Richmond, VA 23234 and granting the following: a. Relief from the Automatic and Co-Debtor stays allowing Movant to proceed under applicable non-bankruptcy law to enforce its remedies to foreclose upon and obtain possession of the Property and/or allowing Movant, through its agents, servicers and representatives to contact Debtor and/or Debtor(s)'s counsel for the purpose of engaging in Case 19-35608-KLP Doc 28 Filed 02/27/20 Entered 02/27/20 08:55:28 Desc Main Document Page 4 of 7 5 discussions and consideration for possible loss mitigation options, solutions and/or resolutions with regard to the underlying deed of trust and note, including, but not limited to loan modification, deed in lieu or other loss mitigation alternatives. b. That the 14-day stay described by Bankruptcy Rule 4001(a)(3) be waived.