Supreme Court of the United States · Official docket →
Susan M. Boltz-Rubinstein v. Bank of America, N.A.
Paid petition · United States Court of Appeals for the Third Circuit, No. 21-1232 · judgment February 14, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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The first 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.
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Whether a temporal limitation on damages applies under the Bankruptcy Code’s automatic stay, 11 U.S.C. § 362.
Counsel of record
For petitioner
Eran Rubinstein
The Law Office of Eran Rubinstein
For respondent
James W. McGarry
Goodwin Procter, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 03 2022Petition DENIED.
- Jul 27 2022DISTRIBUTED for Conference of 9/28/2022.
- Jul 12 2022Waiver of right of respondent Bank of America, N.A. to respond filed.
- Jun 28 2022Petition for a writ of certiorari filed. (Response due August 1, 2022)