Legal Opinion
Jessie v. Honosky (In Re Honosky)
United States Bankruptcy Court, S.D. West Virginia
Decided October 23, 1980No. Bankruptcy No. 80-10115, Adv.No. 80-0146PublishedCited by 31 opinions
1Opinion of the Court
MEMORANDUM OF OPINION
EDWIN F. FLOWERS, Bankruptcy Judge.
The Plaintiff seeks a lifting of the automatic stay imposed by 11 U.S.C. § 362(a) so that she may prosecute a law suit now pending in the Circuit Court of McDowell County against the Debtor. The suit was instituted on January 21, 1980, to recover damages allegedly incurred when the Debt- or’s coal truck struck the Plaintiff’s automobile. The Debtor subsequently filed his bankruptcy petition on July 10, 1980, and the automatic stay of 11 U.S.C. § 362(a) was invoked.
A hearing on the complaint to lift the stay was held on September 19,…
2Cases cited5 opinions
- Foust v. Munson Steamship LinesSupreme Court of the United States · 1936
- United Dispatch, Inc. v. E. J. Albrecht Co.West Virginia Supreme Court · 1950
- In Re Adolf Gobel, Inc.Court of Appeals for the Second Circuit · 1937
- Criss v. United States Fidelity & Guaranty Co.West Virginia Supreme Court · 1928
- In Re GerstenzangDistrict Court, S.D. New York · 1931
3Cited by31 opinions
- In the Matter of Charles Holtkamp and Holtkamp Farms, Inc., Debtors-Appellants. Charles Holtkamp and Holtkamp Farms, Inc. v. Ronald E. LittlefieldCourt of Appeals for the Seventh Circuit · 1982
- In Re CurtisUnited States Bankruptcy Court, D. Utah · 1984
- Johns-Manville Corp. v. Asbestos Litigation Group (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1983
- Rummel v. Lexington InsuranceNew Mexico Supreme Court · 1997
- Green v. WelshCourt of Appeals for the Second Circuit · 1992
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