Introducing ATLASLearn more
Legal Opinion

Smith v. Phoenix Bond & Indemnity

District Court, N.D. Illinois

Decided December 18, 2002No. 02 C 6348, Bankruptcy No. 00 B 22481PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

MORAN, Senior District Judge.

On September 27, 2002, Homeside Lending, Inc. (appellant), filed an appeal of a July 31, 2002, order of Judge Ginsburg granting Phoenix Bond and Indemnity Company’s (appellee) motion for relief from the automatic stay imposed by 11 U.S.C. § 362(a), and denying Homeside’s and Kevin P. Smith’s (debtor) opposing motions. Phoenix moves to dismiss this appeal based on lack of standing. We find that Homeside has standing to bring this appeal but deny the appeal on substantive grounds. The bankruptcy court’s order is affirmed.

BACKGROUND

The…

2Cases cited6 opinions

  1. Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
  2. In the Matter of Joseph ANDREUCCETTI and Noemi Andreuccetti, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1992
  3. In the Matter of Unr Industries, Inc., Debtor-Appellee. Appeal of Schwartz, Cooper, Kolb & Gaynor CharteredCourt of Appeals for the Seventh Circuit · 1993
  4. In Re BatesUnited States Bankruptcy Court, N.D. Illinois · 2001
  5. In Re MurrayUnited States Bankruptcy Court, N.D. Illinois · 2002

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

3Cited by6 opinions

  1. In Re McKinneyUnited States Bankruptcy Court, C.D. Illinois · 2006
  2. Salta Group, Inc. v. McKinneyDistrict Court, C.D. Illinois · 2008
  3. In re RomiousUnited States Bankruptcy Court, N.D. Illinois · 2013
  4. In re RobinsonUnited States Bankruptcy Court, N.D. Illinois · 2017
  5. In Re GiddensUnited States Bankruptcy Court, N.D. Illinois · 2003

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API