Legal Opinion
Bryce v. Stivers (In Re Stivers)
United States Bankruptcy Court, N.D. California
Decided June 15, 1983No. 19-40260PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM FOR ORDER DENYING INTERVENTION
ROBERT L. HUGHES, Bankruptcy Judge.
Petitioner Diablo Bank made a post-judgment motion in April 1983 to intervene in an adversary proceeding seeking relief from stay. The proceeding had concluded in an order lifting the stay entered in July 1982. The motion is denied.
The motion for intervention raises several questions, the most important of which is whether (and to what extent) the automatic stay provided by 11 U.S.C. § 362(a) operates in favor of junior lien-holders. I conclude that the automatic stay operates in favor of debtors and estates…
2Cases cited3 opinions
- Collateral Funding, Inc. v. Herrera (In Re Herrera)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- Security Bank & Trust v. Cloud Nine, Ltd. (In Re Cloud Nine, Ltd.)United States Bankruptcy Court, D. New Mexico · 1980
- Miller v. Shaw (In Re Shaw)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
3Cited by17 opinions
- In the Matter of Martha Jo Pointer, Debtor. City of Farmers Branch and Carrollton-Farmers Branch Independent School District v. Martha Jo PointerCourt of Appeals for the Fifth Circuit · 1992
- St. Paul Fire & Marine Insurance v. LabuzanCourt of Appeals for the Fifth Circuit · 2009
- 25 Collier bankr.cas.2d 1728, Bankr. L. Rep. P 74,393 in Re Pecan Groves of Arizona, Debtor. Clarence Tilley, B & C Equities v. Robert Vucurevich, Trustee Skousen Jay Davis Allen Eide Ron Offutt Mel Clayton Gerie Clayton Ralph ThomasCourt of Appeals for the Ninth Circuit · 1991
- Bankr. L. Rep. P 72,689 in Re Globe Investment and Loan Company, Inc., Debtor. Giovanni B. Magnoni v. Globe Investment and Loan Company, Inc.Court of Appeals for the Ninth Circuit · 1989
- Washington Mutual Savings Bank v. James (In Re Brooks)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
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