Legal Opinion

Heckler Land Development Corp. v. Township of Montgomery (In Re Heckler Land Development Corp.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided December 18, 1981No. 13-18445PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

This case is brought before the Court on a complaint by Heckler Land Development Corporation, the debtor, to enforce the automatic stay of the Bankruptcy Code against the Township of Montgomery. The debtor has requested the Court to enjoin the Township from prosecuting an action in state court. This action was brought in the Court of Common Pleas of Montgomery County to obtain funds from an escrow account established by the debtor. The Township argues that the state court action is brought to enforce the police power of a governmental unit and,…

2Cases cited4 opinions

  1. 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
  2. Joe DeLisi Fruit Co. v. Minnesota, Department of Agriculture (In Re Joe DeLisi Fruit Co.)United States Bankruptcy Court, D. Minnesota · 1981
  3. In Re JacobsmeyerUnited States Bankruptcy Court, W.D. Missouri · 1981
  4. McGinnis Lumber Co., Inc. v. BelserDistrict Court, D. South Carolina · 1974

3Cited by7 opinions

  1. Mason v. Benjamin Banneker Plaza, Inc. (In Re Mason)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  2. In Re FordUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. United States v. Wellham (In Re Wellham)United States Bankruptcy Court, M.D. Tennessee · 1985
  4. James v. Draper (In Re James)United States Bankruptcy Court, E.D. Pennsylvania · 1990
  5. United States v. SeitlesDistrict Court, S.D. New York · 1989

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