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In Re Harry Javens and Joyce Javens, Debtors. Harry Javens and Joyce Javens v. City of Hazel Park and City of Royal Oak

Court of Appeals for the Sixth Circuit

Decided February 19, 1997No. 95-1379PublishedCited by 70 opinions

1Opinion of the Court

BOGGS, Circuit Judge.

Municipal authorities demolished three condemned buildings owned by Harry and Joyce Javens after they filed for bankruptcy. Should the automatic stay provisions of the Bankruptcy Code have required those authorities to desist from that exercise of local might? The district court and bankruptcy court below held that the Code did not prevent the Cities of Hazel Park and Royal Oak from sending bulldozers to enforce their laws. After careful consideration of the applicable provisions of the Code, we agree, and affirm the order of the district court.

I

In November 1989, four…

2Cases cited16 opinions

  1. Board of Governors of the Federal Reserve System v. MCorp Financial, Inc.Supreme Court of the United States · 1991
  2. Hillis Motors, Inc. v. Hawaii Automobile Dealers' Ass'nCourt of Appeals for the Ninth Circuit · 1993
  3. National Labor Relations Board v. Edward Cooper Painting, Inc., and Cooper & Cooper Painting, an Alter EgoCourt of Appeals for the Sixth Circuit · 1986
  4. Richard D. Price, Jr., Formerly Doing Business as Richard D. Price, Jr. & Associates, Limited v. James M. Rochford, Kirk A. Holman, Jack C. VieleyCourt of Appeals for the Seventh Circuit · 1991
  5. In Re David Lee Carraher and Phyllis Diane Carraher, Debtors. David L. Carraher Phyllis D. Carraher, and Ronald C. Lapekas v. Morgan Electronics, Inc.Court of Appeals for the Ninth Circuit · 1992

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3Cited by70 opinions

  1. California v. Atlantic Richfield Co. (In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation)Court of Appeals for the Second Circuit · 2007
  2. David J. Pertuso, Karen A. Pertuso v. Ford Motor Credit CompanyCourt of Appeals for the Sixth Circuit · 2000
  3. TranSouth Financial Corp. v. Sharon (In Re Sharon)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
  4. McMullen v. Sevigny (In Re McMullen)Court of Appeals for the First Circuit · 2004
  5. Spookyworld, Inc. v. Town of BerlinCourt of Appeals for the First Circuit · 2003

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