Legal Opinion

Robert F. Dallas v. S.A.G., Inc., D/B/A the Toy Store, in Re S.A.G., Inc., D/B/A the Toy Store, William N. Owen v. Rufus C. Brock

Court of Appeals for the Eleventh Circuit

Decided February 2, 1988No. 86-7392PublishedCited by 7 opinions

Non-Argument Calendar.

1Opinion of the Court

HILL, Circuit Judge:

This case involves two separate claims in the United States Bankruptcy Court for the Southern District of Alabama for relief from the automatic stay imposed by 11 U.S.C. § 362. The bankruptcy court denied relief from the stay in both actions, and the district court affirmed. 1 Because we find that the bankruptcy court inappropriately placed the burden of proof on the claimants, and inaccurately applied the law of Alabama, we reverse the decision of the district court and remand the case for further proceedings.

I FACTS

The debtor, S.A.G., Inc. d/b/a The Toy Store, filed a…

2Cases cited5 opinions

  1. In re ScruggsDistrict Court, S.D. Alabama · 1913
  2. Alabama Butane Gas Co. v. Tarrant Land Co.Supreme Court of Alabama · 1943
  3. Montana v. Alabama Fishermen's & Hunters' Ass'nSupreme Court of Alabama · 1933
  4. Hargett v. HovaterSupreme Court of Alabama · 1943
  5. Walker v. FergusonSupreme Court of Alabama · 1930

3Cited by7 opinions

  1. Bennett & Kahnweiler Associates v. Ratner (In Re Ratner)District Court, N.D. Illinois · 1991
  2. In Re ChambersDistrict Court, N.D. Illinois · 1992
  3. First Brandon National Bank v. Kerwin-WhiteDistrict Court, D. Vermont · 1990
  4. Matter of 8th Street Village Ltd. PartnershipUnited States Bankruptcy Court, N.D. Illinois · 1988
  5. United States v. WilliamsDistrict Court, S.D. Alabama · 1993

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