Legal Opinion

Watson v. City National Bank (In Re Watson)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 9, 1987No. Bankruptcy No. LA 83-19815 RM, BAP No. CC 86-2075 MeMoV, Adv. No. LA 86-2816 RMPublishedCited by 26 opinions

1Opinion of the Court

OPINION

MOOREMAN, Bankruptcy Judge:

This is an appeal from the entry of a preliminary injunction entered by the trial court preventing the appellants from executing upon a bankruptcy court judgment of nondischargeability they received pursuant to 11 U.S.C. Section 523. The trial court held that appellants were precluded from pursuing their claims without first seeking relief from the automatic stay imposed by Section 362. We reverse.

FACTS

The Watsons, debtors herein, sought relief under Chapter 11, 11 U.S.C. 1101 et seq., in October 1983. Due to a lack of compliance with the reporting…

2Cases cited5 opinions

  1. Equal Employment Opportunity Commission, Cross-Appellee v. First Citizens Bank of Billings, Cross-AppellantCourt of Appeals for the First Circuit · 1985
  2. Securities and Exchange Commission v. Carter Hawley Hale Stores, Inc.Court of Appeals for the Ninth Circuit · 1985
  3. American Spinning Mills, Inc. v. Kubicek (In Re American Spinning Mills, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1984
  4. In Re VaughnDistrict Court, N.D. Texas · 1978
  5. Dunlavey v. Newnum (In Re Newnum)United States Bankruptcy Court, D. Arizona · 1980

3Cited by26 opinions

  1. In Re Weiner Merchant, Debtor. Andrews University v. Weiner MerchantCourt of Appeals for the Sixth Circuit · 1992
  2. Watson v. Shandell (In Re Watson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  3. Parker v. Boston University (In Re Parker)United States Bankruptcy Court, D. Massachusetts · 2005
  4. Palm v. Klapperman (In Re Cady)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  5. California State University, Fresno v. Gustafson (In Re Gustafson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990

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