No. 22-2

Susan M. Boltz-Rubinstein v. Bank of America, N.A.

Lower Court: Third Circuit
Docketed: 2022-06-30
Status: Denied
Type: Paid
Response Waived
Tags: 11-usc-362 agency-relationship automatic-stay bankruptcy-code bankruptcy-stay contractual-control damages damages-limitation lift-stay mortgage-servicer
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether a purported agency relationship between a lift stay beneficiary and a mortgage servicer is a defense to an uncontested stay violation under the Bankruptcy Code's automatic stay

Question Presented (OCR Extract)

question presented is whether in an uncontested stay violation in a core proceeding under the Bankruptcy Code’s automatic stay, 11 U.S.C § 362, a purported agency relationship between a lift stay beneficiary and a mortgage servicer will be recognized as a defense to a stay violation where a contractual right to control belongs to a third party. 2. Whether a temporal limitation on damages applies under the Bankruptcy Code’s automatic stay, 11 US.C. § 362.

Docket Entries

2022-10-03
Petition DENIED.
2022-07-27
DISTRIBUTED for Conference of 9/28/2022.
2022-07-12
Waiver of right of respondent Bank of America, N.A. to respond filed.
2022-06-28
Petition for a writ of certiorari filed. (Response due August 1, 2022)

Attorneys

Bank of America, N.A.
James W. McGarryGoodwin Procter, LLP, Respondent
James W. McGarryGoodwin Procter, LLP, Respondent
Susan Boltz-Rubinstein
Eran RubinsteinThe Law Office of Eran Rubinstein, Petitioner
Eran RubinsteinThe Law Office of Eran Rubinstein, Petitioner