Legal Opinion
Alan I. W. Frank Corp. v. P. M. A., Inc. (In Re Alan I. W. Frank Corp.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided April 9, 1982No. 17-10285PublishedCited by 19 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue at bench is whether we should enjoin the continuation of a criminal proceeding in the state courts brought by a creditor against the debtor corporation and its president for allegedly issuing a bad check. We conclude that the state criminal proceeding should be enjoined because we find that the real motive behind that prosecution is to collect a prepetition corporate debt and that to allow a continuation of that action would unduly interfere with the administration of the debtor’s estate.
The facts of the instant case are as follows: 1 On…
2Cases cited15 opinions
- Perez. v. CampbellSupreme Court of the United States · 1971
- Taylor v. Widdowson (In Re Taylor)United States Bankruptcy Court, D. Maryland · 1981
- In Re LakeUnited States Bankruptcy Court, S.D. Ohio · 1981
- In Re CaldwellUnited States Bankruptcy Court, W.D. Virginia · 1980
- Reid v. Young (In Re Reid)United States Bankruptcy Court, M.D. Alabama · 1981
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Pellegrino v. Division of Criminal Justice (In Re Pellegrino)United States Bankruptcy Court, D. Connecticut · 1984
- Holder v. Dotson (In Re Holder)United States Bankruptcy Court, M.D. Tennessee · 1982
- Matter of Van RiperUnited States Bankruptcy Court, W.D. Wisconsin · 1982
- Enstar Energy, Inc. v. Anderton (In Re First Texas Petroleum, Inc.)United States Bankruptcy Court, N.D. Texas · 1985
- Redenbaugh v. Gahle (In Re Redenbaugh)United States Bankruptcy Court, C.D. Illinois · 1984
14 more not listed; retrieve them via the Exa API.