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Legal Opinion

Matter of Pease

United States Bankruptcy Court, D. Nebraska

Decided March 22, 1996No. 19-80208PublishedCited by 26 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. MINABAN, Jr., Bankruptcy Judge.

This case presents the question of whether a pre-bankruptcy waiver of the automatic stay of 11 U.S.C. § 362 is enforceable. I decline to follow emerging decisional law and conclude that such waivers are not enforceable, per se.

FACTS

This voluntary Chapter 11 case was filed on December 29, 1995. At the time the petition was filed, the debtors were indebted to United Nebraska Bank (the “Bank”) in the amount of $1,810,822.22. The Bank’s claim is fully secured by security interests in real and personal property of the bankruptcy estate. The debtors…

2Cases cited12 opinions

  1. In the Matter or Lowell S. Fallick, Bankrupt-Appellant v. Harry KehrCourt of Appeals for the Second Circuit · 1966
  2. In Re Sky Group International, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 1989
  3. In Re NBI, Inc.United States Bankruptcy Court, D. Colorado · 1991
  4. In Re Club Tower L.P.United States Bankruptcy Court, N.D. Georgia · 1991
  5. In Re Citadel Properties, Inc.United States Bankruptcy Court, M.D. Florida · 1988

7 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Hayhoe v. Cole (In Re Cole)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  2. Continental Insurance v. Thorpe Insulation Co.Court of Appeals for the Ninth Circuit · 2012
  3. In Re Trans World Airlines, Inc.United States Bankruptcy Court, D. Delaware · 2001
  4. In Re Shady Grove Tech Center Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Maryland · 1998
  5. In Re DB Capital Holdings, LLCUnited States Bankruptcy Court, D. Colorado · 2011

21 more not listed; retrieve them via the Exa API.

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