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Legal Opinion

In the Matter of William Duke, Debtor-Appellant

Court of Appeals for the Seventh Circuit

Decided March 15, 1996No. 95-2029PublishedCited by 67 opinions

1Opinion of the Court

DIANE P. WOOD, Circuit Judge.

Although bankruptcy is normally viewed as a process through which a debtor obtains relief from pre-petition obligations and gets a fresh start in life (financially, at least), things are not always that simple. This case presents a wrinkle that occurs when, during the bankruptcy proceeding, a creditor makes an offer to a debtor to reaffirm a pre-petition debt, in exchange for certain benefits. The debtor’s lawyer here believes that the creditor was too heavy-handed in its tactics, and thus ran afoul of the automatic stay rule of 11 U.S.C. § 362(a). The district…

2Cases cited7 opinions

  1. In Re Delores C. Brown, Debtor v. Pennsylvania State Employees Credit UnionCourt of Appeals for the Third Circuit · 1988
  2. Bankr. L. Rep. P 69,953 in the Matter Of: Arthur R. Matthews, Jr., Debtor-Appellant v. Martin J. Rosene and John K. KneafseyCourt of Appeals for the Seventh Circuit · 1984
  3. In the Matter of Judy Emely Edwards, Also Known as Judy Emely Glass, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1990
  4. Walker v. M & M Dodge, Inc. (In Re Walker)United States Bankruptcy Court, W.D. Louisiana · 1995
  5. In Re GrabinskiUnited States Bankruptcy Court, N.D. Illinois · 1993

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

3Cited by67 opinions

  1. David J. Pertuso, Karen A. Pertuso v. Ford Motor Credit CompanyCourt of Appeals for the Sixth Circuit · 2000
  2. Jamo v. Katahdin Federal Credit UnionCourt of Appeals for the First Circuit · 2002
  3. Ralph M. Cox, on Behalf of Himself and Others Similarly Situated v. Zale Delaware, Inc.Court of Appeals for the Seventh Circuit · 2001
  4. Laura Anne Aiello v. Providian Financial Corp.Court of Appeals for the Seventh Circuit · 2001
  5. In Re: Brenda F. Hines, Debtor. Robert L. Gordon v. Brenda F. HinesCourt of Appeals for the Ninth Circuit · 1998

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

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