Legal Opinion

In Re Saunders

United States Bankruptcy Court, N.D. Florida

Decided May 15, 1989No. 19-30105PublishedCited by 54 opinions

1Opinion of the Court

MEMORANDUM OPINION

LEWIS M. KILLIAN, Jr., Bankruptcy Judge.

THIS MATTER is before the Court on the motion of Professional Savings Bank (Professional) for relief from the automatic stay of 11 U.S.C. § 362(a) to enable it to continue an action in state court against a non-debtor third party to recover assets allegedly transferred in fraud of creditors. A preliminary hearing was conducted on the motion by telephone conference on April 17, 1989, and the Court took the matter under submission. There is no dispute regarding the operative facts and resolution of the motion will be based solely on the…

2Cases cited3 opinions

  1. In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
  2. In the Matter of S.I. Acquisition, Inc., Debtor. S.I. Acquisition, Inc. v. Eastway Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1987
  3. Famous Supply Co. v. Central Heating & Air Conditioning, Inc. (In Re Central Heating & Air Conditioning, Inc.)District Court, N.D. Ohio · 1986

3Cited by54 opinions

  1. In Re: Cybergenics Corporation, Debtor the Official Committee of Unsecured Creditors of Cybergenics Corporation, on Behalf of Cybergenics Corporation, Debtor in Possession v. Scott Chinery L&s Research Corporation First Union National Bank of North Carolina Banque Indosuez Sunamerica Life Insurance Company Lincolnshire Management Inc Lincolnshire Equity Fund, L.PCourt of Appeals for the First Circuit · 2000
  2. Picard v. Fairfield Greenwich Ltd.Court of Appeals for the Second Circuit · 2014
  3. In Re Colonial Realty CompanyCourt of Appeals for the Second Circuit · 1992
  4. In Re Betty I. French, Debtor. Randy Lee French Donna Marie Shaka v. George W. Liebmann, Trustee-AppelleeCourt of Appeals for the Fourth Circuit · 2006
  5. Liquidating Trustee of the Amcast Unsecured Creditor Liquidating Trust v. Baker (In Re Amcast Industrial Corp.)United States Bankruptcy Court, S.D. Ohio · 2007

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