Legal Opinion
Maryland Port Administration v. Premier Automotive Services, Inc. (In Re Premier Automotive Services, Inc.)
Court of Appeals for the Fourth Circuit
Decided June 15, 2007No. 06-2207, 06-2208PublishedCited by 34 opinions
1Opinion of the Court
Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge GREGORY and Judge DUNCAN joined.
OPINION
WILKINSON, Circuit Judge:
These consolidated cases demonstrate, unfortunately, how the good and useful ends of the bankruptcy process can be badly abused. The Chapter 11 petition filed by the debtor, Premier Automotive Services, pressed a variety of claims intended, not for the legitimate purposes of bankruptcy, but to invoke the automatic stay and other bankruptcy code protections in order to forestall eviction on an obviously expired lease. The bankruptcy court dismissed…
2Cases cited22 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Village of Willowbrook v. OlechSupreme Court of the United States · 2000
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
- Lochner v. New YorkSupreme Court of the United States · 1905
17 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
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- C.O.P. Coal Development Co v. C.W. Mining Co. (In Re C.W. Mining Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2010
- Davis v. Nationwide Mutual Fire InsuranceDistrict Court, E.D. Virginia · 2011
- Camden County v. Northeastern Community Development Corp.District Court, E.D. North Carolina · 2017
29 more not listed; retrieve them via the Exa API.