Wolkowitz v. Shearson Lehman Bros. (In Re Weisberg)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
OVERVIEW
The debtor borrowed $50,000 from a stockbroker and provided collateral in the form of stock which was deposited in a margin account. After the debtor filed bankruptcy, as the stock decreased in value, the stockbroker at intervals, issued margin calls, and, on failure of the debtor or trustee to respond, liquidated portions of the stock without first seeking relief from the automatic stay of 11 U.S.C. § 362. 1
On the trustee’s complaint for violation of the automatic stay and turnover of postpetition transfers, the bankruptcy court ruled that the…
2Cases cited31 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Rubin v. United StatesSupreme Court of the United States · 1981
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
26 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Eskanos & Adler, P.C. v. Roman (In Re Roman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Fernandez v. GE Capital Mortgage Services, Inc. (In Re Fernandez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Adams v. Hartconn Associates, Inc. (In Re Adams)United States Bankruptcy Court, D. Massachusetts · 1997
- Hutchings v. Ocwen Federal Bank (In Re Hutchings)United States Bankruptcy Court, N.D. Alabama · 2006
- Kowalski-Schmidt v. Forsch (In Re Giordano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
5 more not listed; retrieve them via the Exa API.