Opinion of the Court — Swanson v. Swindall

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Type: Opinion of the Court
Filed: April 18, 2003
Case: Swanson v. Swindall
Case status: Decided

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ORDER Scott Swanson filed a complaint in the district court detailing a dispute with Van and Shirley Swindall concerning real property subject to bankruptcy proceedings. Swanson claimed, inter alia, that the Swindalls violated the automatic stay of Swanson’s bankruptcy action in contravention of 11 U.S.C. § 362 (a)(3) (h). The district court dismissed Swanson’s claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. On appeal, in an unpublished order this Court vacated and remanded the district court’s dismissal of the automatic stay action. This successive appeal arises from a summary judgment in favor of the Swindalls with respect to Swanson’s § 362 claim. In 1992, Swanson purchased certain real estate and business assets from the Swin-dalls through a contract for sale with a corresponding security agreement. In 1996, after Swanson had defaulted on his payments and abandoned the real estate, the Swindalls brought suit in Indiana state court (“the State Court action”) alleging breach of contract and seeking prejudgment possession of the real estate. In August of 1997 Swanson filed for bankruptcy. Pursuant to the automatic stay, the Swindalls ceased any further ac…

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