Legal Opinion

In the Matter of Timely Secretarial Service, Inc., Debtor. General Electric Credit Corporation v. Timely Secretarial Service, Inc.

Court of Appeals for the Fifth Circuit

Decided April 8, 1993No. 92-2324PublishedCited by 10 opinions

1Opinion of the Court

KING, Circuit Judge:

This appeal concerns the scope of a bankruptcy court’s power to reimpose a previously-lifted automatic stay and award the debtor possession of certain leased premises that were retaken by the lessor while the stay was lifted. The lessor argues on appeal that the bankruptcy court exceeded any power it had to reimpose the stay and award possession of the leased premises to the debtor. For the following reasons, we agree and therefore remand this case to the district court with instructions to vacate the bankruptcy court’s order reinstating the automatic stay and awarding…

2Cases cited10 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Kennedy v. HydeTexas Supreme Court · 1984
  3. Judie W. McDowell v. Anthony J. Celebrezze, Secretary of the United States Department of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1962
  4. Rogers v. First National Bank of PeoriaSupreme Court of the United States · 1989
  5. Kerrville HRH, Inc. v. City of Kerrville, Texas Court of Appeals, 4th District (San Antonio)1990

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

3Cited by10 opinions

  1. United States v. Kellogg (In Re West Texas Marketing Corp.)Court of Appeals for the Fifth Circuit · 1994
  2. Olin Holdings Ltd. v. State of LibyaCourt of Appeals for the Second Circuit · 2023
  3. Georges v. United NationsCourt of Appeals for the Second Circuit · 2016
  4. Aaa Bonding Agency Inc. v. United States Department of Homeland SecurityCourt of Appeals for the Fifth Circuit · 2011
  5. Hayes v. Koch Entertainment L.P.Court of Appeals for the Fifth Circuit · 2008

5 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