context: Finally, some courts have found that the running of a statutory right of redemption is not the kind of "act" that triggers the application of section 362(a). Courts have also recognized that acts that are "ministerial," i.e., that are merely clerical in nature and do not in themselves affect parties' redemption rights, are not "affirmative" acts that trigger the automatic stay.
citation_a.signal: see also
citation_a.identifier: 175 F.3d 889, 897
citation_a.parenthetical: describing ministerial acts as those which "entail no deliberation, discretion, or judicial involvement"
citation_a.sentence: In re Connors, 497 F.3d 314, 320-21 (3d Cir. 2007) (quoting In re Ziyambe, 200 B.R. 790, 796 (Bankr.D.N.J.1996)) (delivery of deed after foreclosure sale is “ ‘ministerial act, routinely performed, which does not affect the redemption rights of the parties’ ”); In re Carver, 828 F.2d 463, 463-64 (8th Cir.1987) (“routine certification” of non-redemption by clerk of court, where debtor failed to comply with contract for deed within redemption period, was not affirmative act required to complete running of redemption period but was instead ministerial act not stayed by 362(a)); see also Roberts v. C.I.R., 175 F.3d 889, 897 (11th Cir.1999) (describing ministerial acts as those which “entail no deliberation, discretion, or judicial involvement”); Black's Law DICTIONARY 26 (8th ed.2004) (defining “ministerial act” as “[a]n act performed without the independent exercise of discretion or judgment”).
citation_b.signal: no signal
citation_b.identifier: 828 F.2d 463, 463-64
citation_b.parenthetical: "routine certification" of non-redemption by clerk of court, where debtor failed to comply with contract for deed within redemption period, was not affirmative act required to complete running of redemption period but was instead ministerial act not stayed by 362(a
citation_b.sentence: In re Connors, 497 F.3d 314, 320-21 (3d Cir. 2007) (quoting In re Ziyambe, 200 B.R. 790, 796 (Bankr.D.N.J.1996)) (delivery of deed after foreclosure sale is “ ‘ministerial act, routinely performed, which does not affect the redemption rights of the parties’ ”); In re Carver, 828 F.2d 463, 463-64 (8th Cir.1987) (“routine certification” of non-redemption by clerk of court, where debtor failed to comply with contract for deed within redemption period, was not affirmative act required to complete running of redemption period but was instead ministerial act not stayed by 362(a)); see also Roberts v. C.I.R., 175 F.3d 889, 897 (11th Cir.1999) (describing ministerial acts as those which “entail no deliberation, discretion, or judicial involvement”); Black's Law DICTIONARY 26 (8th ed.2004) (defining “ministerial act” as “[a]n act performed without the independent exercise of discretion or judgment”).