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Legal Opinion

Matter of King

United States Bankruptcy Court, N.D. Georgia

Decided November 22, 1983No. 19-51573PublishedCited by 6 opinions

1Opinion of the Court

OPINION

WILLIAM L. NORTON, Jr., Bankruptcy Judge.

Currently before the Court is a motion by the debtor to set aside the conveyance of certain real property as a result of a foreclosure sale under a power of sale by Diversified Mortgage and Realty Company (“Diversified”). Ordinarily, any action taken in derogation of the automatic stay, 11 U.S.C. § 362 of the Code, is avoidable and may even justify an order for contempt. When all the requirements exist which trigger the applicability of § 549(c), however, the debtor’s automatic stay protection is limited. 1 For the reasons set forth below, this…

2Cases cited7 opinions

  1. Kalb v. FeuersteinSupreme Court of the United States · 1940
  2. Pickus v. Vitagliano (In Re Pickus)United States Bankruptcy Court, D. Connecticut · 1980
  3. In Re SmithUnited States Bankruptcy Court, N.D. Georgia · 1982
  4. Matter of Van RiperUnited States Bankruptcy Court, W.D. Wisconsin · 1982
  5. Federal National Mortgage Ass'n v. McGowan (In Re McGowan)United States Bankruptcy Court, E.D. Pennsylvania · 1982

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

3Cited by6 opinions

  1. Ford v. Loftin (In Re Ford)United States Bankruptcy Court, N.D. Georgia · 2003
  2. Carpio v. Smith (In Re Carpio)United States Bankruptcy Court, W.D. Missouri · 1997
  3. 40235 Washington Street Corp. v. LusardiCourt of Appeals for the Ninth Circuit · 2003
  4. In Re MajorUnited States Bankruptcy Court, W.D. Missouri · 1998
  5. In Re EllisUnited States Bankruptcy Court, E.D. New York · 1984

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

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