Stacy v. Roanoke Memorial Hospitals (In Re Stacy)
United States Bankruptcy Court, W.D. Virginia
1Opinion of the Court
JOINT MEMORANDUM OPINION AND ORDER
H. CLYDE PEARSON, Bankruptcy Judge.
The issue before the Court is whether a debtor has a private right of action on a claim of violation of the automatic stay found in § 362 of the Bankruptcy Reform Act of 1978 (the Code), 11 U.S.C. § 362.
These matters are before the Court on defendants’ Motions to Dismiss. Because of factual similarities, the proceedings were consolidated for hearing. In each case, the debtor filed a petition for relief in this Court pursuant to Chapter 7 of the Code. See 11 U.S.C. §§ 701-766. Defendant Roanoke Memorial Hospitals (Hospital)…
2Cases cited13 opinions
- Cort v. AshSupreme Court of the United States · 1975
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
- J. I. Case Co. v. BorakSupreme Court of the United States · 1964
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3Cited by14 opinions
- Diana Houck v. Substitute Trustee ServicesCourt of Appeals for the Fourth Circuit · 2015
- Scott v. Wells Fargo Home Mortgage Inc.District Court, E.D. Virginia · 2003
- Hassett v. Far West Federal Savings & Loan Ass'n (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1984
- Costa v. Welch (In Re Costa)United States Bankruptcy Court, E.D. California · 1994
- Lindsey v. IpockCourt of Appeals for the Eighth Circuit · 1984
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