Legal Opinion

Carter v. Railroad & Industrial Federal Credit Union

District Court of Appeal of Florida

Decided June 21, 1996No. 94-03787PublishedCited by 2 opinions

1Opinion of the Court

FRANK, Acting Chief Judge.

A.L. Carter has appealed from a final judgment setting aside a tax deed issued to him by the Polk County Circuit Court, an event allegedly occurring during the existence of an automatic stay under chapter 7 of the bankruptcy code. Notwithstanding the correctness of the legal principle undergird-ing the trial court’s decision — that a deed issued in violation of the automatic stay is void — we reverse on the ground that the trial court has erroneously allowed the mortgage holder, Railroad & Industrial Federal Credit Union (R & I), to pursue foreclosure in a successive…

2Cases cited4 opinions

  1. Kalb v. FeuersteinSupreme Court of the United States · 1940
  2. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  3. Borg-Warner Acceptance Corporation v. Alvin Dewayne Hall and Beverly Jane Hall, A/K/A Beverly Jane CantinCourt of Appeals for the Eleventh Circuit · 1982
  4. Matter of Chief Charley's, Inc.United States Bankruptcy Court, M.D. Florida · 1990

3Cited by2 opinions

  1. Venn v. Bazzel (In Re Lambert)United States Bankruptcy Court, N.D. Florida · 2002
  2. In re: Freeman Kelley, Jr.United States Bankruptcy Court, S.D. Florida. · 2026

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