Legal Opinion
In Re Benalcazar
United States Bankruptcy Court, N.D. Illinois
Decided August 15, 2002No. 19-80325PublishedCited by 36 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
EUGENE R. WEDOFF, Chief Judge.
This Chapter 7 case is before the court on opposing motions, filed by the debtor and one of his creditors, dealing with the application of the automatic stay to state court contempt proceedings. As set forth below, (1) the Rooker-Feldman doctrine does not prevent this court from considering the merits of the parties’ motions; (2) the automatic stay applies to civil contempt proceedings brought by an individual creditor; (3) the debtor has established that the creditor willfully violated the stay, requiring an award of actual damages, but…
2Cases cited65 opinions
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
60 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- In Re Mid-City Parking, Inc.United States Bankruptcy Court, N.D. Illinois · 2005
- Henkel v. Lickman (In Re Lickman)United States Bankruptcy Court, M.D. Florida · 2003
- Henkel v. Lickman (In Re Lickman)United States Bankruptcy Court, M.D. Florida · 2003
- Brown v. Fox Broadcasting Co. (In Re Cox)United States Bankruptcy Court, N.D. Georgia · 2010
- In re AngeloUnited States Bankruptcy Court, D. Massachusetts · 2012
31 more not listed; retrieve them via the Exa API.