Legal Opinion
In Re Penny
District Court, W.D. North Carolina
Decided June 14, 1976No. C-B-311, 312PublishedCited by 39 opinions
1Opinion of the Court
INJUNCTION
McMILLAN, District Judge.
The bankrupt, Mark T. Penny, has filed a motion to stay criminal proceedings currently pending against him in Stanly County, North Carolina. He alleges that he is entitled to a stay pursuant to Rule 401 of the Bankruptcy Rules because the criminal prosecution is, in effect, nothing more than a device to collect a two-year old check given for a dischargeable debt. He is entitled to relief.
28 U.S.C. § 2283 prohibits this court from enjoining state court proceedings unless the injunction is expressly authorized by Act of Congress, necessary in aid of this…
2Cited by39 opinions
- Barnette v. EvansCourt of Appeals for the Eleventh Circuit · 1982
- Taylor v. Widdowson (In Re Taylor)United States Bankruptcy Court, D. Maryland · 1981
- In Re LakeUnited States Bankruptcy Court, S.D. Ohio · 1981
- In Re CaldwellUnited States Bankruptcy Court, W.D. Virginia · 1980
- Whitaker v. Lockert (In Re Whitaker)United States Bankruptcy Court, M.D. Tennessee · 1982
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