Legal Opinion

Southwest Airlines Co. v. Tidewater Finance Co. (In re Cole)

United States Bankruptcy Court, N.D. Georgia

Decided June 24, 2016No. Case No.: 15-70960-JRSPublishedCited by 11 opinions

1Opinion of the Court

Contested Matter

ORDER

James R. Sacca, U.S. Bankruptcy Court Judge

Prior to the filing of the Debtor’s bankruptcy petition, a judgment creditor filed a garnishment action in state court and obtained a default judgment against the Debtor’s employer. After the employer filed a motion to modify or, in the alternative, vacate the default judgment, but before the state court ruled on that motion, the Debtor filed for chapter 13 bankruptcy relief. Thereafter, the judgment creditor continued the action against the Debtor’s employer without obtaining relief from the stay. Because the state court ruled…

2Cases cited30 opinions

  1. Kalb v. FeuersteinSupreme Court of the United States · 1940
  2. In Re Robert Gruntz, Debtor. Robert Gruntz v. Opinion County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 2000
  3. Lynch v. Johns-Manville Sales Corp.Court of Appeals for the Sixth Circuit · 1983
  4. Casale v. TillmanCourt of Appeals for the Eleventh Circuit · 2009
  5. Nicholson v. ShafeCourt of Appeals for the Eleventh Circuit · 2009

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3Cited by11 opinions

  1. First Bank of Dalton v. Manton Family P'ship, LLLP (In re Manton)United States Bankruptcy Court, N.D. Georgia · 2018
  2. In re LongUnited States Bankruptcy Court, S.D. Alabama · 2017
  3. Robert A. Sweetapple v. Asset Enhancement, Inc.Court of Appeals for the Eleventh Circuit · 2023
  4. Attorney General of New Jersey v. Patriot Enterprises Worldwide, LLCUnited States Bankruptcy Court, W.D. Pennsylvania · 2026
  5. Consumer Financial Protection Bureau v. USASF Servicing, LLCDistrict Court, N.D. Georgia · 2024

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