Legal Opinion
Arthur J. COURNOYER, D/B/A Cournoyer’s Used Truck Parts, Plaintiff, Appellant, v. TOWN OF LINCOLN, Defendant, Appellee
Court of Appeals for the First Circuit
Decided May 14, 1986No. 85-1839PublishedCited by 46 opinions
1Opinion of the Court
BOWNES, Circuit Judge.
This case arises from a conflict between the automatic stay provision of the Bankruptcy Code, 11 U.S.C. § 362(a), and the attempt of the Town of Lincoln, Rhode Island, to enforce its zoning ordinance. The issue is whether the stay exemptions of § 326(b)(4) and (5) prevent the application of the automatic stay.
The procedural history of the case is as follows. Plaintiff-appellant Arthur Cour-noyer filed a Chapter 11 petition in the Rhode Island Bankruptcy Court on June 25, 1982. The Town, on August 24, 1984, pursuant to valid state court orders, commenced to clear…
2Cases cited17 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Ohio v. KovacsSupreme Court of the United States · 1985
- Turman v. MoralesSupreme Court of the United States · 1982
- In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Respondents, and United States of America, Intervenor. In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Appellees, and United States of America, IntervenorCourt of Appeals for the Eighth Circuit · 1981
12 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Hillis Motors, Inc. v. Hawaii Automobile Dealers' Ass'nCourt of Appeals for the Ninth Circuit · 1993
- In the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Commonwealth Oil Refining Company, Inc. v. United States Environmental Protection Agency, in the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Official Committee of Unsecured Creditors v. United States Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1986
- Spookyworld, Inc. v. Town of BerlinCourt of Appeals for the First Circuit · 2003
- In Re Harry Javens and Joyce Javens, Debtors. Harry Javens and Joyce Javens v. City of Hazel Park and City of Royal OakCourt of Appeals for the Sixth Circuit · 1997
- William E. Brock, Secretary of Labor v. Morysville Body Works, Inc.Court of Appeals for the Third Circuit · 1987
41 more not listed; retrieve them via the Exa API.