Legal Opinion
Cusanno v. Fidelity Bank (In Re Cusanno)
United States Bankruptcy Court, E.D. Pennsylvania
Decided March 2, 1982No. 19-10070PublishedCited by 26 opinions
1Opinion of the Court
OPINION
WILLIAM A. KING, Jr., Bankruptcy Judge:
The issue at bench is whether the action of the bank in putting an “administrative hold” on the debtors’ checking account after the debtors had filed a petition under chapter 13 of the Bankruptcy Code (“the Code”) was a violation of the automatic stay provisions of § 362(a) of the Code. We conclude that the bank’s action was a violation of the automatic stay and will, therefore, direct the bank to release that hold.
The facts of the instant case are as follows: 1 On December 4, 1978, the Fidelity Bank (“the bank”) extended a loan to Albert A. and…
2Cases cited5 opinions
- Third National Bank in Nashville v. Carpenter (In Re Carpenter)United States Bankruptcy Court, M.D. Tennessee · 1981
- In Re NortonUnited States Bankruptcy Court, E.D. Pennsylvania · 1981
- Goldstein v. Jefferson Title & Trust Co.Superior Court of Pennsylvania · 1928
- Kenney's Franchise Corp. v. Central Fidelity Bank, NA (In Re Kenney's Franchise Corp.)United States Bankruptcy Court, W.D. Virginia · 1981
- Lebanon Iron Co. v. Donnelly & Co.District Court, E.D. Pennsylvania · 1928
3Cited by26 opinions
- In the Matter of Irma J. Walker, Debtor. Irma J. Walker v. The Cadle Company v. Denise D. Lindsey and Stan Svara D/B/A Sks EnterprisesCourt of Appeals for the Fifth Circuit · 1995
- In Re Computer Communications, Inc., Debtor. Computer Communications, Inc. v. Codex CorporationCourt of Appeals for the Ninth Circuit · 1987
- In Re BriggsUnited States Bankruptcy Court, E.D. Michigan · 1992
- Williams v. American Bank of the Mid-Cities, N.A. (In Re Williams)United States Bankruptcy Court, N.D. Texas · 1986
- Lessig Construction, Inc. v. Schnabel Associates, Inc. (In Re Lessig Construction, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1986
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