Legal Opinion
In re McBride
District Court, S.D. Alabama
Decided May 22, 2012No. Civil Action No. 11-00649-CBPublishedCited by 5 opinions
1Opinion of the Court
OPINION
CHARLES R. BUTLER, JR., Senior District Judge.
This matter is before the Court on appeal of the bankruptcy court’s order and judgment imposing damages and attorney’s fees on the appellant, Holmes Motors, Inc., for violating the bankruptcy code’s automatic stay provision. For reasons discussed below, the order is due to be affirmed, in part, and reversed, in part.
Background
The violation of the stay arises from Holmes Motors’ post-petition repossession of an automobile leased by debtor Kathy McBride who, along with her husband, John McBride, filed a Chapter 13 bankruptcy petition in this…
2Cases cited20 opinions
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- Access Now, Inc. v. Southwest Airlines Co.Court of Appeals for the Eleventh Circuit · 2004
- Cooper Industries, Inc. v. Leatherman Tool Group, Inc.Supreme Court of the United States · 2001
- El Paso Natural Gas Co. v. NeztsosieSupreme Court of the United States · 1999
- Johnson v. Smith (In Re Johnson)Court of Appeals for the Tenth Circuit · 2007
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3Cited by5 opinions
- Brodgen v. Holmes Motors Inc. (In re Brodgen)United States Bankruptcy Court, M.D. Alabama · 2018
- Credit Nation Lending Services, LLC v. NettlesUnited States Bankruptcy Court, N.D. Alabama · 2013
- In re GolanUnited States Bankruptcy Court, S.D. Florida. · 2019
- Miller v. European Connection, LLCUnited States Bankruptcy Court, M.D. Alabama · 2021
- Petrano v. HallDistrict Court, M.D. Florida · 2023