Legal Opinion

Price v. Pediatric Academic Ass'n, Inc.

District Court, S.D. Ohio

Decided October 12, 1994No. C-2-93-1135PublishedCited by 14 opinions

1Opinion of the Court

ORDER

KINNEARY, District Judge.

This matter comes before the Court to consider the appeal from the bankruptcy court’s order denying Plaintiff attorneys’ fees for Defendant’s willful violation of the bankruptcy code’s automatic stay provision.

By operating as a stay against actions by creditors against debtors, § 362 of the bankruptcy code protects debtors. The legislative history of § 362 is clear: “The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws.” H.R.Rep. No. 595, 95th Cong. 1st Sess. 340-42 (1977); U.S.Code Cong. & Admin.News 1978 at pp. 5787,…

2Cases cited7 opinions

  1. In Re Nita B. Smith, Debtor. Nita B. Smith, Cross-Appellant v. First America Bank, N.A., Cross-AppelleeCourt of Appeals for the First Circuit · 1989
  2. Matter of Liberal Market, Inc.United States Bankruptcy Court, S.D. Ohio · 1982
  3. Matter of OlenUnited States Bankruptcy Court, E.D. Michigan · 1981
  4. In Re BennettUnited States Bankruptcy Court, S.D. Ohio · 1992
  5. In Re NewellUnited States Bankruptcy Court, S.D. Ohio · 1990

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

3Cited by14 opinions

  1. Rijos v. Banco Bilbao Vizcaya (In Re Rijos)Bankruptcy Appellate Panel of the First Circuit · 2001
  2. In Re RobinsonUnited States Bankruptcy Court, E.D. New York · 1998
  3. Sucre v. Mic Leasing Corp. (In Re Sucre)United States Bankruptcy Court, S.D. New York · 1998
  4. In re SeatonUnited States Bankruptcy Court, E.D. Virginia · 2011
  5. Cousins v. CitiFinancial Mortgage Co. (In Re Cousins)United States Bankruptcy Court, S.D. Ohio · 2009

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

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