Legal Opinion

In Re the Charter Company, Debtors. The Charter Company and Charter Oil Company v. Dioxin

Court of Appeals for the Eleventh Circuit

Decided June 28, 1989No. 88-3146PublishedCited by 59 opinions

1Opinion of the Court

ANDERSON, Circuit Judge:

This appeal presents the question of whether the motion for relief from the automatic stay filed by the bankruptcy claimants constituted an informal proof of claim. Upon the particular facts and circumstances of this case, we hold that it does.

I. BACKGROUND

The appellees (“claimants”) in this case are plaintiffs or potential plaintiffs in a large number of civil actions in Missouri. The suits, which are against the Independent Petrochemical Corporation (“IPC”) and other unrelated defendants, allege tort injury as a result of exposure to waste oil contaminated with…

2Cases cited6 opinions

In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
In Re International Horizons, Inc., Debtors, United States of America v. International Horizons, Inc.Court of Appeals for the Eleventh Circuit · 1985
In Re South Atlantic Financial Corp., Etc., Debtors. Biscayne 21 Condominium Association, Inc. v. South Atlantic Financial Corp., Etc.Court of Appeals for the Eleventh Circuit · 1985
In Re Anderson-Walker Industries, Inc., Debtor. Anderson-Walker Industries, Inc. And John P. Stodd, Trustee v. Lafayette Metals, Inc.Court of Appeals for the Ninth Circuit · 1986
Matter of Pizza of Hawaii, Inc.District Court, D. Hawaii · 1984

1 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

Matter of Mother Hubbard, Inc.United States Bankruptcy Court, W.D. Michigan · 1993
Mata v. SchochDistrict Court, S.D. Texas · 2005
In Re DietzUnited States Bankruptcy Court, E.D. Michigan · 1992
In Re StoeckerUnited States Bankruptcy Court, N.D. Illinois · 1992
In Re B. Cohen & Sons Caterers, Inc.District Court, E.D. Pennsylvania · 1991

54 more not listed; retrieve them via the Exa API.