Nelson v. George Wong Pension Trust (In Re Nelson)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
PAPPAS, Bankruptcy Judge:
These related appeals require us to consider whether there is ambiguity in the provision of 11 U.S.C. § 362(c)(4)(A)(i) 2 such that the automatic stay is not automatically in effect upon the filing of a third case by individual debtors who have been debtors in two prior cases within the previous year. The bankruptcy court entered two orders under § 362(c) (4) (A) (ii) confirming that no stay was in effect, and entered an order dismissing the debtors’ adversary proceeding which sought a determination that appellee’s postpetition foreclosure sale was invalid as a…
2Cases cited39 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- Russello v. United StatesSupreme Court of the United States · 1983
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
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- In re WoodUnited States Bankruptcy Court, D. Maryland · 2018
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