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In re Renier (Case No. 07-61602) 03/21/2011

            The debtor had filed a motion seeking sanctions for violation of the automatic stay.  Prior to the Court taking the matter under submission, the parties appeared and represented that they had reached an agreement and would submit a consent order, which was entered on the docket.  The consent order prohibited the parties from engaging in certain acts and contained a provision for liquidated damages in the amount of $30,000 for violation of the order.  Subsequently, the debtor filed a motion to enforce a consent order.  The Court, however, concluded that it did not have subject matter jurisdiction over the initial motion which gave rise to the consent order and that it therefore did not have jurisdiction to entertain the motion to enforce.  The Court vacated the consent order and dismissed the motion to enforce for lack of subject matter jurisdiction.

Date: 
Monday, March 21, 2011
Category: 
Automatic Stay
Chapter 7 Issues
Jurisdiction
Chapter: 
7