Legal Opinion
In Re Mid-City Parking, Inc.
United States Bankruptcy Court, N.D. Illinois
Decided October 31, 2005No. 18-35647PublishedCited by 39 opinions
1Opinion of the Court
AMENDED MEMORANDUM OPINION
JACQUELINE P. COX, Bankruptcy Judge.
This matter presents the question of whether a trustee or debtor-in-possession may unilaterally waive the protections of the automatic stay to proceed with acts of estate administration that would otherwise violate 11 U.S.C. § 362(a) if performed by anyone else. Clark Polk Land, LLC (“Clark Polk”) has requested an award of costs and attorneys’ fees incurred as the result of an appeal that the debtor-in-possession, Mid-City Parking, Inc. (“MidCity”), allegedly filed in willful violation of the automatic stay imposed by § 362(a). The…
2Cases cited80 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
- Bob Jones University v. United StatesSupreme Court of the United States · 1983
- Lockyer v. Mirant Corp.Court of Appeals for the Ninth Circuit · 2005
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3Cited by39 opinions
- McDonough Associates, Incorpor v. Ann SchneiderCourt of Appeals for the Seventh Circuit · 2013
- Brown v. Fox Broadcasting Co. (In Re Cox)United States Bankruptcy Court, N.D. Georgia · 2010
- Lacourt Martínez v. Junta de Libertad bajo PalabraSupreme Court of Puerto Rico · 2017
- Mason v. Costello (In re Klarchek)United States Bankruptcy Court, N.D. Illinois · 2014
- In re AngeloUnited States Bankruptcy Court, D. Massachusetts · 2012
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