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Legal Opinion

In re Jefferson County

United States Bankruptcy Court, N.D. Alabama

Decided April 15, 2013No. 11-5736-TBBPublishedCited by 12 opinions

1Opinion of the Court

Memorandum Opinion on the Automatic Stay and the Assured Action

THOMAS B. BENNETT, Bankruptcy Judge.

I. Introduction

Creative lawyering has its merits. Sometimes, it allows one to solve what previously had been an intractable legal issue. Other times, it is a bane masking problems inherent in what creativity’s means is attempting to accomplish. This is a case of the second sort demonstrating the downside of creativity. What is involved is an attempt to avoid the shield afforded debtors by the automatic stay of the Bankruptcy Code, 11 U.S.C. § 362(a), based on Jefferson County, Alabama (“the…

2Cases cited35 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  3. A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
  4. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  5. Israel v. Wood Dolson Co.New York Court of Appeals · 1956

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3Cited by12 opinions

  1. Mason v. Costello (In re Klarchek)United States Bankruptcy Court, N.D. Illinois · 2014
  2. In re JohnsonUnited States Bankruptcy Court, S.D. Ohio · 2016
  3. Victor J. Salgado & Associates v. Cestero-LopateguiCourt of Appeals for the First Circuit · 2022
  4. Brandi McKay v. Miami-Dade CountyCourt of Appeals for the Eleventh Circuit · 2022
  5. Innerwood & Co. v. Privett (In re Privett)District Court, S.D. Ohio · 2016

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