Legal Opinion

Edward Carver v. Paulette Carver, Gasper L. Toole, Iii, Frampton W. Toole, Iii, and Richard L. Pearce

Court of Appeals for the Eleventh Circuit

Decided March 6, 1992No. 91-8481PublishedCited by 146 opinions

1Opinion of the Court

FAY, Circuit Judge:

Defendants-appellants Paulette Carver, Gasper Toole, Frampton Toole, and Richard Pearce were fined by the Bankruptcy Court for the Southern District of Georgia for wilfully violating the automatic stay provisions of 11 U.S.C. § 362(a). The district court affirmed. For the reasons which follow, we REVERSE.

BACKGROUND

Edward and Paulette Carver were previously husband and wife. They were granted a divorce in October 1988 by the Family Court of Aiken County, South Carolina. The court ordered that Edward Carver pay $325 per month in child support and awarded Paulette Carver use…

2Cases cited12 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. In Re Montgomery Hulon Harrell, Debtor, Montgomery Hulon Harrell v. Caryl Ann (Kaldenberg) Harrell SharpCourt of Appeals for the Eleventh Circuit · 1985
  3. In Re Charles Stringer, Ii, Debtor. Charles Stringer, Ii, Debtor-Appellant v. Aristela Huet, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1988
  4. Simms v. SimmsSupreme Court of the United States · 1899
  5. In Re John Paul White, Debtor, John Paul White v. Patricia Ann WhiteCourt of Appeals for the Sixth Circuit · 1988

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

3Cited by146 opinions

  1. Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
  2. Oltremari Ex Rel. McDaniel v. Kansas Social & Rehabilitative ServiceDistrict Court, D. Kansas · 1994
  3. Kenneth Lodge v. Kondaur Capital CorporationCourt of Appeals for the Eleventh Circuit · 2014
  4. Florida Dept. of Revenue v. DiazCourt of Appeals for the Eleventh Circuit · 2011
  5. Max v. Northington (In Re Northington)Court of Appeals for the Eleventh Circuit · 2017

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API