Legal Opinion
In Re White
United States Bankruptcy Court, N.D. Illinois
Decided October 16, 2009No. 14-30712PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION ON COMPASS EQUIPMENT FINANCE’S MOTION FOR RELIEF FROM STAY [Docket No. 16] AND DEBTOR’S MOTION FOR SANCTIONS [Docket No. 14]
JACK B. SCHMETTERER, Bankruptcy Judge.
This case presents the issue of whether § 362 of the Bankruptcy Code prevents a creditor from repossessing a vehicle from a nondebtor corporation when the debtor is the guarantor of a loan between the creditor and the corporation and the corporation is in default on the loan. It is held that § 362 does not stay the repossession because the creditor is enforcing its separate rights against the nondebtor corporation,…
2Cases cited7 opinions
- A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
- Northern Trust Co. v. VIII South Michigan AssociatesAppellate Court of Illinois · 1995
- Lomas Financial Corp. v. Northern Trust Co. (In Re Lomas Financial Corp.)District Court, S.D. New York · 1990
- International Supply Co. v. CampbellAppellate Court of Illinois · 2009
- In Re WinerDistrict Court, N.D. Illinois · 1993
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Whitman-Nieves v. Puerto Rico Federal Credit Union (In re Whitman-Nieves)United States Bankruptcy Court, D. Puerto Rico · 2014
- In re CoenenUnited States Bankruptcy Court, W.D. Wisconsin · 2012
- Aearo Technologies LLC v. Parties Listed on Appendix A to the Complaint et aUnited States Bankruptcy Court, S.D. Indiana · 2022
- Eastern Funding, LLC v. CWI Commercial Laundry Equipment, Inc.District Court, S.D. Illinois · 2021
- In re: Charles Collett v.Bankruptcy Appellate Panel of the Sixth Circuit · 2014
1 more not listed; retrieve them via the Exa API.