Matter of Rimsat, Ltd.
United States Bankruptcy Court, N.D. Indiana
1Opinion of the Court
DECISION
ROBERT E. GRANT, Bankruptcy Judge.
This court has no doubt that it has the power to enforce the automatic stay of 11 U.S.C. § 362(a). The question before it concerns the means by which that power is properly exercised.
Kauthar Sdn. Bhd., an equity security holder of the debtor, has initiated securities litigation in district court against Matt Nilson and others. In that litigation, Nilson filed a cross claim. Kauthar contends this cross claim is property of the estate and that, by filing it after the date of the petition, Nilson improperly “exercise[d] control over property of the…
2Cases cited22 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
- International Union, United Mine Workers v. BagwellSupreme Court of the United States · 1994
- Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- In Re Fidelity Mortgage Investors, Debtor. Fidelity Mortgage Investors, Applicant-Appellee v. Camelia Builders, Inc.Court of Appeals for the Second Circuit · 1977
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- Phillips v. Lehman Brothers Holdings, Inc. (In Re Fas Mart Convenience Stores, Inc.)United States Bankruptcy Court, E.D. Virginia · 2004
- In re BallardUnited States Bankruptcy Court, S.D. Ohio · 2013
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