Legal Opinion
Whitaker v. Baxter (In Re Whitaker)
United States Bankruptcy Court, S.D. Georgia
Decided April 20, 2006No. 18-60480PublishedCited by 32 opinions
1Opinion of the Court
ORDER
JOHN S. DALIS, Bankruptcy Judge.
By motion filed January 17, 2006, the debtors Jonathan and Angie Whitaker (the “Debtors” or “Movants”) seek to reinstate the automatic stay of 11 U.S.C. § 362(a). The Debtors seek this relief pursuant to § 362(c)(4) of the Bankruptcy Code. 1 The Debtors are not entitled to a reinstatement of the automatic stay (the “stay”) under that subsection. Nor does subsection 362(c)(3)(B) authorize its reinstatement. 2 Instead, I rely on the authority conferred by § 105(a) of the Bankruptcy Code to order the stay reinstated as to all creditors. 3 I do not employ §…
2Cases cited40 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Bolling v. SharpeSupreme Court of the United States · 1954
35 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In Re SchuesslerUnited States Bankruptcy Court, S.D. New York · 2008
- In Re FergusonUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
- In Re WilliamsUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
- In Re FurlongUnited States Bankruptcy Court, C.D. Illinois · 2010
- In Re JumppUnited States Bankruptcy Court, D. Massachusetts · 2006
27 more not listed; retrieve them via the Exa API.