Legal Opinion

Goya Foods, Inc. v. Unanue-Casal (In Re Unanue-Casal)

District Court, D. Puerto Rico

Decided August 3, 1993No. Civ. No. 92-1796 GG, Bankruptcy No. 90-04490 (SEK), Adv. No. 91-0099PublishedCited by 21 opinions

1Opinion of the Court

OPINION AND ORDER

GIERBOLINI, Chief Judge.

The Appellants’ petition this court to reverse the bankruptcy court’s refusal to lift the automatic stay of proceedings in the New Jersey Superior Court. The Appellee (Debtor) filed a bankruptcy petition under Chapter 7 on August 29, 1990, after litigating for almost three years in the New Jersey Superior Court. In its May 15, 1992, Opinion and Order the bankruptcy court denied relief from stay; it found the Appellant had not presented evidence of “cause” to lift the stay. We hold that the bankruptcy court erred when it found that the Appellant had not…

2Cases cited26 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
  3. In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
  4. In the Matter of Charles Holtkamp and Holtkamp Farms, Inc., Debtors-Appellants. Charles Holtkamp and Holtkamp Farms, Inc. v. Ronald E. LittlefieldCourt of Appeals for the Seventh Circuit · 1982
  5. In Re Rosemary BROWN, Debtor. FIRST JERSEY NATIONAL BANK v. Rosemary BROWN, AppellantCourt of Appeals for the First Circuit · 1991

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3Cited by21 opinions

  1. Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. Goya Foods, Inc. v. Wallack Management Co.Court of Appeals for the First Circuit · 2002
  3. Busch v. Busch (In Re Busch)Bankruptcy Appellate Panel of the Tenth Circuit · 2003
  4. Adelson v. Smith (In Re Smith)United States Bankruptcy Court, D. Nevada · 2008
  5. Goya Foods, Inc. v. Unanue-Casal (In Re Unanue-Casal)District Court, D. Puerto Rico · 1993

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