Legal Opinion

Singleton v. Fifth Third Bank of Western Ohio (In Re Singleton)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided March 4, 1999No. BAP 98-8033PublishedCited by 68 opinions

1Opinion of the Court

OPINION

In a state court proceeding, the Debtor argued, as a defense, that his personal Chapter 13 bankruptcy stayed the sale of property owned by the Debtor’s corporation. The state court determined that the automatic stay did not prevent sale of the business property. The Debtor did not appeal the state court decision but instead filed a complaint in the bankruptcy court for violation of the automatic stay. The bankruptcy court dismissed the Debtor’s complaint for failure to state a claim, and the Debtor appealed. The Panel finds that the bankruptcy court lacked subject matter jurisdiction…

2Cases cited47 opinions

  1. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  2. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  3. Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
  4. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  5. Atlantic Coast Line Railroad v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1970

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3Cited by68 opinions

  1. Sill v. Sweeney (In Re Sweeney)Bankruptcy Appellate Panel of the Sixth Circuit · 2002
  2. Hamilton v. HerrCourt of Appeals for the Sixth Circuit · 2008
  3. In Re CruzUnited States Bankruptcy Court, S.D. New York · 2000
  4. Hinze v. Robinson (In Re Robinson)United States Bankruptcy Court, N.D. Ohio · 1999
  5. In Re DabrowskiUnited States Bankruptcy Court, S.D. New York · 2001

63 more not listed; retrieve them via the Exa API.

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