Legal Opinion · Dissent

Coy Cox, Jr. v. Specialty Vehicle Solutions

Court of Appeals for the Sixth Circuit

Decided November 14, 2017No. 16-5289/5290Unpublished

1DissentClay, Circuit Judge

First, I want to note several points of agreement with the majority opinion. I agree with the majority’s conclusion that Cox’s second personal-injury action should be dismissed because the filing exceeded the 30-day grace period afforded to him under 11 U.S.C. § 108(c)(2). Further, I agree that the district court erred by failing to recognize that separate from Easley v. Pettibone Mich. Corp., 990 F.2d 905 (6th Cir. 1993), a bankruptcy court may annul an automatic stay under its equitable authority pursuant to 11 U.S.C. § 362(d). And finally, I agree with the majority that the bankruptcy…

2Cases cited19 opinions

  1. Local Number 93, International Ass'n of Firefighters v. City of ClevelandSupreme Court of the United States · 1986
  2. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  3. United States v. Armour & Co.Supreme Court of the United States · 1971
  4. In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
  5. Camilo-Robles v. HoyosCourt of Appeals for the First Circuit · 1998

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