Legal Opinion

Weatherford v. Timmark, Carey Holdings Inc. (In Re Weatherford)

United States Bankruptcy Court, D. South Carolina

Decided April 6, 2009No. 19-01069PublishedCited by 28 opinions

1Opinion of the Court

AMENDED JUDGMENT

JOHN E. WAITES, Bankruptcy Judge.

Based on the Findings of Fact and Conclusions of Law set forth in the attached Order of the Court, the Court concludes that Defendants committed a willful violation of the automatic stay and therefore grants judgment in favor of Plaintiff. The state court judgment obtained by Defendants and referenced in the attached Order is hereby declared void, but the claim upon which the state court judgment was based is a nondischargeable debt. Defendants shall take the necessary steps to cancel the state court judgment within ten (10) days of the entry…

2Cases cited40 opinions

  1. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  2. Rake v. WadeSupreme Court of the United States · 1993
  3. West Virginia v. United StatesSupreme Court of the United States · 1987
  4. Lawrence Tractor Co. v. GregoryCourt of Appeals for the Ninth Circuit · 1983
  5. In Re Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co. v. Esselen Associates, Inc.Court of Appeals for the Second Circuit · 1990

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

3Cited by28 opinions

  1. In re SeatonUnited States Bankruptcy Court, E.D. Virginia · 2011
  2. Warren v. Dill (In re Warren)United States Bankruptcy Court, D. South Carolina · 2015
  3. In Re NixonUnited States Bankruptcy Court, E.D. Pennsylvania · 2009
  4. Richardson v. Trustees of Indiana University (In re Richardson)United States Bankruptcy Court, S.D. Indiana · 2013
  5. In re HighsmithUnited States Bankruptcy Court, M.D. North Carolina · 2015

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

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