Legal Opinion

In Re HSM Kennewick, L.P.

United States Bankruptcy Court, N.D. Texas

Decided July 11, 2006No. 19-30486PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION REGARDING EMERGENCY MOTION FOR SANCTIONS FOR WILLFUL VIOLATION OF THE AUTOMATIC STAY

HARLIN DEWAYNE HALE, Bankruptcy Judge.

HSM-Kennewick, LP (“HSM”) filed a voluntary Chapter 11 petition on March 3, 2006. HSM and WO Kenneywick, LLC (“WOK”) comprise the entire membership of The Orchard at Hansen Park, LLC (“Orchard”).

At issue in this contested matter is whether section 362 of the Bankruptcy Code, the automatic stay provision, prohibits WOK’s filing of a receivership action against Orchard.

After consideration, the Court determines that the automatic stay does not prohibit a…

2Cases cited19 opinions

  1. In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
  2. Commonwealth v. DavisTexas Supreme Court · 1942
  3. Gatx Aircraft Corporation v. M/v Courtney Leigh, and Bryan Dedeker, Mrs. Bryan Dedeker, Ray Loden, Mrs. Ray Loden and P.T. Bailey, Inc.Court of Appeals for the Fifth Circuit · 1985
  4. In the Matter of Vance Cole Chesnut, Debtor. Mark T. Brown, Templeton Mortgage Corp. v. Vance Cole ChesnutCourt of Appeals for the Fifth Circuit · 2005
  5. Reliant Energy Services, Inc. v. Enron Canada Corp.Court of Appeals for the Fifth Circuit · 2003

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3Cited by10 opinions

  1. Weaver v. Texas Capital Bank N.A.Court of Appeals for the Fifth Circuit · 2011
  2. Allentown Ambassadors, Inc. v. Northeast American Baseball, LLC (In Re Allentown Ambassadors, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2007
  3. In Re GellingtonUnited States Bankruptcy Court, N.D. Texas · 2007
  4. Johnson v. Edwards Family P'ship, LP (In re Cmty. Home Fin. Servs., Inc.)United States Bankruptcy Court, S.D. Mississippi · 2018
  5. Farmers Bank & Trust Co. v. Chickasaw Properties, LLC (In re Burrow)United States Bankruptcy Court, E.D. Arkansas · 2013

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