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Legal Opinion

Davenport v. S.I. Securities (In Re Davenport)

United States Bankruptcy Court, N.D. Illinois

Decided October 1, 2001No. 17-34756PublishedCited by 17 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JACK B. SCHMETTERER, Bankruptcy Judge.

Debtor, Linnera Davenport (“Davenport”), initiated an Adversary Complaint charging S.I. Securities (“S.I.”) with violating the automatic stay provisions under 11 U.S.C. § 362 for seeking a tax deed following tax sale to it of her residence. S.I. answered that it was not subject to the automatic stay because: (1) Davenport was not the record owner of property that was the subject of its application for a tax deed; and (2) even if Davenport owned the property, S.I., as a tax purchaser, was not a creditor and therefore…

2Cases cited23 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Johnson v. Home State BankSupreme Court of the United States · 1991
  3. In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
  4. James W. Adair v. Michael L. Sherman and Sherman & ShermanCourt of Appeals for the Seventh Circuit · 2000
  5. A.P. Properties, Inc. v. GoshinskyIllinois Supreme Court · 1999

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

3Cited by17 opinions

  1. In Re MurrayUnited States Bankruptcy Court, N.D. Illinois · 2002
  2. Ford v. Loftin (In Re Ford)United States Bankruptcy Court, N.D. Georgia · 2003
  3. In Re StuartUnited States Bankruptcy Court, E.D. Pennsylvania · 2009
  4. Paloian v. Grupo Serla S.A. De C v. (In Re GGSI Liquidation Inc.)United States Bankruptcy Court, N.D. Illinois · 2006
  5. In Re McKinneyUnited States Bankruptcy Court, C.D. Illinois · 2006

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

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