ee4c3a84_United_States_Bankruptcy_Court__Summary
[Date Filed] 01/22/2015 [Case Number] 14-3096 [PDF] View [Summary] 
In re: Chartrand Summary: Chapter 13 plaintiff/debtor Charles R. Chartrand filed a complaint for injunctive relief against defendant Bank of America, N.A. asking the Court, primarily, to enjoin the defendant from taking any further action during the bankruptcy case to foreclose on its mortgage on the debtor’s residence. Plaintiff relied on 11 U.S.C. § 105(a) as the source of the Court’s authority to grant such relief. The Court had entered an order in the debtor’s bankruptcy case determining that there was no automatic stay in effect pursuant to 11 U.S.C. §§ 362(c)(3) and (j). The debtor had not appealed that order. The Court held that under the pronouncements of Law v. Siegel, ___ U.S. ___, 134 S. Ct. 1188, 1194-95 (2014), § 105(a) does not allow the Court to disregard provisions under § 362 that control the existence or absence of the automatic stay. Therefore, the complaint failed to state a claim upon which relief could be granted and was dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6).
Opinions | Southern District of Illinois | United States Bankruptcy Court
Summary