Legal Opinion
134 Baker Street, Inc. v. State of Ga.
District Court, N.D. Georgia
Decided September 4, 1984No. Civ. A. No. C84-710A, Bankruptcy No. 84-00338APublishedCited by 10 opinions
1Opinion of the Court
ORDER OF COURT
HORACE T. WARD, District Judge.
This appeal from an Order of the Bankruptcy Court presents a case of first impression. The issue to be decided is whether or not the enforcement of a monetary judgment, or criminal fine, obtained pursuant to a criminal proceeding is exempt from the automatic stay provision of 11 U.S.C. § 362(a). For the reasons which follow, this court concludes that 11 U.S.C. § 362(b)(1) permits the appellee State of Georgia to enforce criminal sentences in the nature of money fines against appellant 134 Baker Street, Inc., notwithstanding the fact that the…
2Cases cited5 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- In Re ButtonUnited States Bankruptcy Court, W.D. New York · 1981
- Taylor v. Widdowson (In Re Taylor)United States Bankruptcy Court, D. Maryland · 1981
- In Re JohnsonUnited States Bankruptcy Court, D. Colorado · 1983
- Wise v. Ritter (In Re Wise)United States Bankruptcy Court, E.D. Virginia · 1982
3Cited by10 opinions
- United States v. ColasuonnoCourt of Appeals for the Second Circuit · 2012
- Gilliam v. Metropolitan Government of Nashville (In Re Gilliam)United States Bankruptcy Court, M.D. Tennessee · 1986
- United States v. Richard ColuccioCourt of Appeals for the Sixth Circuit · 1994
- In Re BibbsUnited States Bankruptcy Court, E.D. Arkansas · 2002
- Matter of SimsUnited States Bankruptcy Court, W.D. Wisconsin · 1989
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