Legal Opinion

In Re Highway Truck Drivers & Helpers Local Union 107. Appeal of Ronald and Frances Gajkowski

Court of Appeals for the Third Circuit

Decided October 30, 1989No. 89-1312, 89-1313PublishedCited by 73 opinions

1Opinion of the Court

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Ronald and Frances Gajkowski, William and Jean Abate and Robert Schipske (“Gaj-kowski creditors”), appeal from the order of the district court which affirmed the order of the bankruptcy court granting Highway Truck Drivers and Helpers Local Union No. 107 (“Debtor 107”) relief from the automatic stay provisions of 11 U.S.C. § 362(a). 1 The Gajkowski creditors maintain that the full faith and credit provision under 28 U.S.C. § 1738 limited the bankruptcy court’s discretion to grant prospective relief from the automatic stay. We need not consider the…

2Cases cited22 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  3. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  4. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
  5. Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988

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3Cited by73 opinions

  1. In Re Robert Gruntz, Debtor. Robert Gruntz v. Opinion County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 2000
  2. Maritime Electric Co. v. United Jersey BankCourt of Appeals for the Third Circuit · 1991
  3. Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)Court of Appeals for the Third Circuit · 1992
  4. In Re Chateaugay CorporationCourt of Appeals for the Second Circuit · 1993
  5. In Re Robert Frank-Leonard Wilson, Debtor. Lisa Baldino v. Robert Frank-Leonard Wilson Bunce D. Atkinson, TrusteeCourt of Appeals for the Third Circuit · 1997

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