Legal Opinion
Dock C-Food Ltd. v. Cherry (In Re Cherry)
United States Bankruptcy Court, E.D. Pennsylvania
Decided September 22, 1987No. 19-10777PublishedCited by 31 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION AND PROCEDURAL HISTORY
The instant matter, which we consider to be, in substance, a Motion for relief from the automatic stay in the form of an Adversary proceeding, presents a difficult issue of determining whether and on what grounds a former employer is entitled to seek to enforce a state court decree upholding a pre-petition restrictive employment-contract covenant against a Chapter 13 debtor. We believe that none of the several grounds asserted by the employer — including the alleged inapplicability of the stay to civil contempt…
2Cases cited33 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Juidice v. VailSupreme Court of the United States · 1977
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
- John David v. The Hooker, Ltd Hooker Music, Ltd., Ronald Haffkine, Non-PartyCourt of Appeals for the Ninth Circuit · 1977
28 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- In Re Margaret J. Myers, Debtor. Margaret J. MyersCourt of Appeals for the Third Circuit · 2007
- Wyssbrod v. WittjenMississippi Supreme Court · 2001
- Fox v. Hill (In Re Fox)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- In Re FordUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Richard Royce Collection Ltd. v. New York City Shoes, Inc. (In Re New York City Shoes, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
26 more not listed; retrieve them via the Exa API.