Legal Opinion
Wills v. Heritage Bank (In Re Wills)
United States Bankruptcy Court, E.D. Virginia
Decided July 22, 1998No. 19-30747PublishedCited by 14 opinions
1Opinion of the Court
MARTIN V.B. BOSTETTER, Jr., Chief Judge.
MEMORANDUM OPINION
The parties call upon this Court to determine whether to grant plaintiffs motion for substitution and parties’ cross motions for partial summary judgment. After hearing counsels’ arguments, the Court took these matters under advisement. For the following reasons, we conclude plaintiffs claims survive his death and defendant violated the automatic stay on two counts. Accordingly, we grant plaintiffs motion for substitution and motion for partial summary judgement on Counts II and III of his complaint for actual damages, including costs…
2Cases cited62 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Stoll v. GottliebSupreme Court of the United States · 1938
- Huntington v. AttrillSupreme Court of the United States · 1892
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
57 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. James W. WhiteCourt of Appeals for the Eleventh Circuit · 2006
- In Re PanekUnited States Bankruptcy Court, D. Massachusetts · 2009
- Curtis v. LaSalle National Bank (In Re Curtis)United States Bankruptcy Court, D. Massachusetts · 2005
- In Re ShadeUnited States Bankruptcy Court, C.D. Illinois · 2001
- Galmore v. Dykstra (In Re Galmore)United States Bankruptcy Court, N.D. Indiana · 2008
9 more not listed; retrieve them via the Exa API.