Legal Opinion
In Re Clark
United States Bankruptcy Court, E.D. Pennsylvania
Decided February 10, 1987No. 19-10938PublishedCited by 58 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
The instant Motion filed by a creditor seeking relief from the automatic stay arising under 11 U.S.C. § 362 of the Bankruptcy Code raises issues relevant to the determination of both the commencement and termination of the automatic stay pursuant to that section of the Code. We hold that the commencement of the stay occurs automatically at the time of the bankruptcy filing; that it renders all proceedings by creditors of debtors to enforce judgments, even those, as here, relating to post-petition claims, prior to their obtaining relief from the stay,…
2Cases cited23 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
18 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Maritime Electric Co. v. United Jersey BankCourt of Appeals for the Third Circuit · 1991
- Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)Court of Appeals for the Third Circuit · 1992
- Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re Wedgewood Realty Group, Ltd. Wedgewood Investment Fund, Ltd. v. Wedgewood Realty Group, LtdCourt of Appeals for the Third Circuit · 1989
- Schewe v. Fairview Estates (In Re Schewe)United States Bankruptcy Court, W.D. Michigan · 1989
53 more not listed; retrieve them via the Exa API.