Legal Opinion

In Re Stahl, Asano, Shigetomi & Associates

United States Bankruptcy Court, D. Hawaii

Decided November 3, 1980No. 19-00174PublishedCited by 14 opinions

1Opinion of the Court

ORDER RE: DENIAL OF STAY

JOHN J. CHINON, Bankruptcy Judge.

On September 23,1980, this Court, acting sua sponte, dismissed Debtor’s petition filed under the Bankruptcy Reform Act of 1978 (“Code”) because Debtor’s earlier petition under the Bankruptcy Act of 1898 (“Act”) was still pending in this Court 6 B.R. 232. The Debtor appealed, challenging only this Court’s power to dismiss sua sponte. The issue now before this Court is whether the state court proceedings commenced against the Debtor when its petition under the Act was dismissed should be stayed pending appeal of the question of this…

2Cases cited13 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Freshman v. AtkinsSupreme Court of the United States · 1925
  3. Chattanooga Federal Savings & Loan Ass'n v. Northwest Recreational Activities, Inc. (In Re Northwest Recreational Activities, Inc.)United States Bankruptcy Court, N.D. Georgia · 1980
  4. Stop H-3 Association v. VolpeDistrict Court, D. Hawaii · 1972
  5. In Re MacOn Uplands VentureUnited States Bankruptcy Court, D. Maryland · 1980

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

3Cited by14 opinions

  1. Furness v. LilienfieldDistrict Court, D. Maryland · 1983
  2. In Re SmithUnited States Bankruptcy Court, W.D. Oklahoma · 1988
  3. Grimes v. United States, Farmers Home Administration (In Re Grimes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  4. In Re Coram Graphic ArtsUnited States Bankruptcy Court, E.D. New York · 1981
  5. In Re Harvey Probber, Inc.United States Bankruptcy Court, D. Massachusetts · 1984

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

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