Legal Opinion

Montgomery Ward, LLC v. Wiseknit Factory, Ltd. (In Re Montgomery Ward, LLC)

United States Bankruptcy Court, D. Delaware

Decided April 17, 2003No. 17-12800PublishedCited by 9 opinions

1Opinion of the Court

OPINION

RAYMONF T. LYONS, Bankruptcy Judge. 1

Plaintiff^debtor, Montgomery Ward, LLC (“Montgomery Ward”), brought a motion for summary judgment on its complaint alleging that Defendant, Wiseknit Factory Ltd., (‘Wiseknit”), violated the automatic stay of 11 U.S.C. §§ 362(a)(1), (3), and (6) by instituting a breach of contract action in California to collect on a pre-petition obligation. 2 Montgomery Ward further alleges that Wiseknit’s violation of the automatic stay was willful and seeks damages under 11 U.S.C. § 362(h), as well as other relief. The relief sought by Montgomery Ward in its…

2Cases cited8 opinions

  1. In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
  2. In Re Atlantic Business and Community CorporationCourt of Appeals for the Third Circuit · 1990
  3. Allied Chemical International Corp. v. Companhia De Navegacao Lloyd BrasileiroCourt of Appeals for the Second Circuit · 1985
  4. Constitution Bank v. TubbsCourt of Appeals for the Third Circuit · 1995
  5. Moog World Trade Corporation v. Bancomer, S.A. Boatmen's National Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1996

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3Cited by9 opinions

  1. In Re Mu'minUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
  2. Caffey v. Russell (In Re Caffey)United States Bankruptcy Court, S.D. Alabama · 2008
  3. In Re HawkUnited States Bankruptcy Court, D. New Jersey · 2004
  4. In Re R.H.R. Mechanical Contractors, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2006
  5. Holland v. Arch Coal, Inc.Court of Appeals for the D.C. Circuit · 2018

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

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