Legal Opinion
In Re Rodriguez
Court of Appeals for the Third Circuit
Decided December 23, 2010No. 09-2724PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
BARRY, Circuit Judge.
In this appeal, we are called upon to determine whether the automatic stay provisions of the Bankruptcy Code prohibit a lender from seeking to recoup unpaid prepetition escrow payments from a bankrupt debtor outside the confines of the bankruptcy proceeding. The Bankruptcy Court and the District Court found that Countrywide Home Loans, Inc. (“Countrywide”) did not have a pre-petition claim against Francisco and Anna Rodriguez and thus did not violate the automatic stay when it recalculated the Rodriguezes’ post-petition escrow payments on their…
2Cases cited8 opinions
- Foucha v. LouisianaSupreme Court of the United States · 1992
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Federal Communications Commission v. Nextwave Personal Communications Inc.Supreme Court of the United States · 2003
- Avellino & Bienes v. M. Frenville Co.Court of Appeals for the Third Circuit · 1984
- In Re LANSDALE FAMILY RESTAURANTS, INC. A/K/A Lansdale Bonanza, Debtor. LANSDALE FAMILY RESTAURANTS, INC., Appellant, v. WEIS FOOD SERVICECourt of Appeals for the Third Circuit · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Wright v. Owens CorningCourt of Appeals for the Third Circuit · 2012
- In re W.R. Grace & Co.District Court, D. Delaware · 2012
- In Re Emoral, Inc.Court of Appeals for the Third Circuit · 2014
- Evelyn Nye v. Bayer Cropscience, Inc.Tennessee Supreme Court · 2011
- DPWN Holdings (USA), Inc. v. United Air Lines, Inc.District Court, E.D. New York · 2012
31 more not listed; retrieve them via the Exa API.