Legal Opinion
Mitchell Construction Co. v. Smith (In Re Smith)
United States Bankruptcy Court, N.D. Georgia
Decided April 6, 1995No. 19-20145PublishedCited by 54 opinions
1Opinion of the Court
ORDER
MARGARET H. MURPHY, Bankruptcy Judge.
Before the court are (1) Debtor’s motion in the main ease for imposition of sanctions against Mitchell Construction Company, Inc. (“Mitchell”) and its attorney, David Rutherford, for willful violation of the automatic stay of 11 U.S.C. § 362(a); and (2) Debtor’s motion to dismiss as untimely the adversary proceeding filed by Mitchell. The issue central to both motions is when Mitchell received actual notice of the filing of Debtor’s Chapter 7 bankruptcy case,
Mitchell is a creditor of Debtor as a result 0f a state court judgment obtained by default May…
2Cases cited11 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Borg-Warner Acceptance Corporation v. Alvin Dewayne Hall and Beverly Jane Hall, A/K/A Beverly Jane CantinCourt of Appeals for the Eleventh Circuit · 1982
- In Re William M. ALTON, Debtor, Bronson F. BYRD, Plaintiff-Appellant, v. William A. ALTON, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1988
- In Re LileUnited States Bankruptcy Court, S.D. Texas · 1989
- Atkins v. Martinez (In Re Atkins)United States Bankruptcy Court, D. Minnesota · 1994
6 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Fleet Mortgage Group, Inc. v. KanebCourt of Appeals for the First Circuit · 1999
- Clayton v. King (In Re Clayton)United States Bankruptcy Court, M.D. North Carolina · 1998
- In Re SammonUnited States Bankruptcy Court, D. South Carolina · 2000
- In Re PanekUnited States Bankruptcy Court, D. Massachusetts · 2009
- Roche v. Pep Boys, Inc. (In Re Roche)United States Bankruptcy Court, N.D. Georgia · 2005
49 more not listed; retrieve them via the Exa API.