Legal Opinion

In re Rielly

United States Bankruptcy Court, D. Massachusetts

Decided February 11, 2016No. Case No. 15-15003-JNFPublishedCited by 1 opinion

1Opinion of the Court

*437MEMORANDUM

Joan N. Feeney, United States Bankruptcy Judge

I. INTRODUCTION

The matter before the Court is the “Motion for Sanctions Against E.I. Franchise Company and Request for Emergency Determination” (the “Motion”) filed by the Chapter 7 debtor, Kevin M. Rielly (the “Debtor”), through which he seeks a determination that E.I. Franchise Company, LLC (“E.I.”) willfully violated the automatic stay when it attached and levied on the Debtor’s checking and brokerage accounts pursuant to a state court trustee process order and refused to release the attachments on those accounts despite notice of the…

2Cases cited16 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
  3. LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
  4. Fleet Mortgage Group, Inc. v. KanebCourt of Appeals for the First Circuit · 1999
  5. In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989

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3Cited by1 opinion

  1. Central Mississippi Credit Corp. v. VaughnDistrict Court, M.D. Alabama · 2016

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