Legal Opinion
Shah v. Glendale Federal Bank
California Court of Appeal
Decided April 29, 1996No. B093075PublishedCited by 15 opinions
1Opinion of the Court
Opinion
TURNER, P. J.—
This case presents the question whether the automatic stay resulting from plaintiffs’ and appellants’ bankruptcy petition precludes our disposition of this appeal. There is no California decisional authority directly on point. However, the federal circuit courts of appeals have held the automatic stay provision (11 U.S.C. § 362(a)(1)) is inapplicable to an appeal in a lawsuit initiated by the debtor (rather than against the debtor) in the lower court, regardless of the appellate posture of the case. We conclude the automatic stay provision is inapplicable because the…
2Cases cited65 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United States v. TurketteSupreme Court of the United States · 1981
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Kaiser Aluminum & Chemical Corp. v. BonjornoSupreme Court of the United States · 1990
60 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bay Summit Community Assn. v. Shell Oil Co.California Court of Appeal · 1996
- Keitel v. HeubelCalifornia Court of Appeal · 2002
- Wright v. Turner (In Re Turner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Bostanian v. Liberty Savings BankCalifornia Court of Appeal · 1997
- Dwiggins v. Elk Horn Bank & Trust Co.Supreme Court of Arkansas · 2005
10 more not listed; retrieve them via the Exa API.