Legal Opinion
In Re Whitaker
United States Bankruptcy Court, E.D. Tennessee
Decided April 18, 1988No. Bankruptcy 3-87-02451PublishedCited by 11 opinions
1Opinion of the Court
RICHARD S. STAIR, Jr., Bankruptcy Judge.
Hamilton Bank of Upper East Tennessee (Bank), a secured creditor, seeks relief from the automatic stay of § 362(a)(5) of title 11 in order to obtain possession of a 1983 Toyota Tercel automobile owned by one of the debtors, Sharron Byrd Whitaker. 1 The Bank also seeks an allowance of attorney’s fees. Debtors, having continued to make voluntary payments to the Bank subsequent to the filing of their bankruptcy petition, contend the automatic stay should not be vacated and, notwithstanding termination of the stay, that the Bank has no recourse against the…
2Cases cited4 opinions
- In Re Thomas Howard Bell and Margaret Louise Bell, Debtors. General Motors Acceptance Corporation v. Thomas Howard Bell and Margaret Louise BellCourt of Appeals for the Sixth Circuit · 1983
- In Re CruseturnerUnited States Bankruptcy Court, D. Utah · 1981
- In Re CareyUnited States Bankruptcy Court, S.D. California · 1981
- Meritor Mortgage Corp. v. Salazar (In Re Salazar)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
3Cited by11 opinions
- In Re PendleburyUnited States Bankruptcy Court, E.D. Tennessee · 1988
- In Re NortonUnited States Bankruptcy Court, E.D. Tennessee · 2006
- In Re GerlingUnited States Bankruptcy Court, W.D. Missouri · 1994
- In Re Pilz Compact Disc, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1999
- In Re FrenchUnited States Bankruptcy Court, M.D. Florida · 1995
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