Legal Opinion
Soares v. Brockton Credit Union
Court of Appeals for the First Circuit
Decided March 13, 1997No. 96-2110PublishedCited by 350 opinions
1Opinion of the Court
. SELYA, Circuit Judge.
“[T]he dead tree gives no shelter.” T.S. Eliot, The Waste Land, I, The Burial of the Dead (1922). Like a shade tree, the automatic stay which attends the initiation of bankruptcy proceedings, 11 U.S.C. § 362(a) (1994), must be nurtured if it is to retain its vitality. This appeal, which pits a Chapter 13 debtor bent on saving his home against a creditor bent on enforcing its rights under a mortgage, raises issues which touch upon the degree of judicial protection that the automatic stay invites. These issues are whether the automatic stay precludes a state court from…
2Cases cited30 opinions
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
25 more not listed; retrieve them via the Exa API.
3Cited by350 opinions
- Valjeanne Currie v. Group Insurance CommissionCourt of Appeals for the First Circuit · 2002
- In Re Margaret J. Myers, Debtor. Margaret J. MyersCourt of Appeals for the Third Circuit · 2007
- Jamo v. Katahdin Federal Credit UnionCourt of Appeals for the First Circuit · 2002
- Rijos v. Banco Bilbao Vizcaya (In Re Rijos)Bankruptcy Appellate Panel of the First Circuit · 2001
- Carrieri v. Jobs.Com Inc.Court of Appeals for the Fifth Circuit · 2004
345 more not listed; retrieve them via the Exa API.