Legal Opinion

In Re Miller

United States Bankruptcy Court, E.D. Michigan

Decided March 24, 2000No. 19-42928PublishedCited by 17 opinions

1Opinion of the Court

Opinion

STEVEN W. RHODES, Bankruptcy Judge.

The debtor, Peggy Miller, filed this motion for contempt against Chateau Communities, Inc. for violation of the automatic stay and the discharge injunction. Chateau filed an objection. The dispute arises from Chateau’s attempt to collect on its postpetition lot rent claim against Miller. The Court concludes that because the lot lease was deemed rejected under 11 U.S.C. § 365(d)(1), Chateau’s postpetition claim is treated as a prepetition claim under 11 U.S.C. §§ 365(g) and 502(g) and that pre-petition claim was discharged under 11 U.S.C. § 727(b).…

2Cases cited9 opinions

  1. Hardy v. United States Ex Rel. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
  2. In Re LavigneCourt of Appeals for the Second Circuit · 1997
  3. Green v. WelshCourt of Appeals for the Second Circuit · 1992
  4. In Re Jeffrey Rosenfeld, Debtor. River Place East Housing Corporation, Board of Directors v. Jeffrey RosenfeldCourt of Appeals for the Fourth Circuit · 1994
  5. Old Bridge Estates Community Ass'n v. Lozada (In Re Lozada)United States Bankruptcy Court, E.D. Virginia · 1997

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. In Re Peggy A. Miller, Debtor. Peggy A. Miller v. Chateau Communities, Inc.Court of Appeals for the Sixth Circuit · 2002
  2. Beck v. Gold Key Lease, Inc. (In Re Beck)United States Bankruptcy Court, E.D. Pennsylvania · 2002
  3. In Re ParksUnited States Bankruptcy Court, E.D. Michigan · 2002
  4. Marshall v. PNC Bank, N.A. (In re Marshall)United States Bankruptcy Court, S.D. Ohio · 2012
  5. Miles v. ClarkeUnited States Bankruptcy Court, W.D. Kentucky · 2006

12 more not listed; retrieve them via the Exa API.

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