Legal Opinion
Marietta Baptist Tabernacle v. Tomberlin Associates, Architects, Inc.
Court of Appeals for the Fifth Circuit
Decided July 24, 1978No. 76—4479PublishedCited by 6 opinions
1Opinion of the Court
JAMES C. HILL, Circuit Judge:
The case on appeal presents two issues: (1) whether the appellee violated either the automatic stay provision of Rule 11-44 of the Federal Rules of Bankruptcy Procedure or a restraining order issued in aid and amplification of the Rule when the appellee filed notice of its claim of lien against the debtor’s property without prior approval of the bankruptcy court; and (2) whether a statutory architect’s lien is valid against a receiver when the architectural firm performed its services before the Chapter XI petition was filed but did not file notice of the claim of…
2Cases cited7 opinions
- Oglethorpe Savings & Trust Co. v. MorganSupreme Court of Georgia · 1920
- Picklesimer v. SmithSupreme Court of Georgia · 1927
- Logan Paving Co. v. Liles Construction Co.Court of Appeals of Georgia · 1977
- Old Stone Mortgage & Realty Trust v. New Georgia Plumbing, Inc.Court of Appeals of Georgia · 1976
- John Hancock Mut. Life Ins. v. ThompsonCourt of Appeals for the First Circuit · 1944
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Town of Colchester v. Hinesburg Sand & Gravel, Inc. (In Re APC Construction, Inc.)United States Bankruptcy Court, D. Vermont · 1990
- Durango Georgia Paper Co. v. Milton J. Wood Fire Protection, Inc.United States Bankruptcy Court, S.D. Georgia · 2005
- Matter of Marietta Baptist Tabernacle, Inc.Court of Appeals for the Fifth Circuit · 1978
- Opportunities Industrialization Center of Atlanta, Inc. v. T & B—Scottdale Contractors, Inc. (In Re Opportunities Industrialization Center of Atlanta, Inc.)United States Bankruptcy Court, N.D. Georgia · 1983
- Vanderbilt Mortgage & Finance, Inc. v. GriggsCourt of Appeals for the Sixth Circuit · 1992
1 more not listed; retrieve them via the Exa API.