Legal Opinion
Matter of McMeans
United States Bankruptcy Court, N.D. Alabama
Decided June 10, 1997No. 17-80853PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
JACK CADDELL, Bankruptcy Judge.
This cause came on to be heard on the motion for summary judgment filed by North Alabama Bank, Inc. (“NAB”) to lift the automatic stay on certain real property on the ground that the foreclosure sale on same took place prior to the filing of McMeans’ petition where both events occurred on the same day. The key issue before the Court is whether a bankruptcy petition is filed for purposes of determining the commencement of a debtor’s bankruptcy ease upon transmitting by facsimile of same to the bankruptcy clerk or when stamped “filed” by the…
2Cases cited5 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- In Re Bruce Craig Smith, Debtor. Commercial Federal Mortgage Corporation v. Bruce Craig Smith, David P. Rogers, Jr., Chapter 13 Standing TrusteeCourt of Appeals for the Eleventh Circuit · 1996
- In Re ButchmanUnited States Bankruptcy Court, S.D. New York · 1980
- In Re NailUnited States Bankruptcy Court, N.D. Alabama · 1996
- AMERICAN EXPRESS TRAVEL RELATED SERVICES CO., INC. v. FarleyDistrict Court, S.D. New York · 1992
3Cited by5 opinions
- In Re SandsUnited States Bankruptcy Court, N.D. New York · 2005
- In Re SchleierUnited States Bankruptcy Court, S.D. New York · 2003
- Orsini v. Interiors of Yesterday, LLC (In Re Interiors of Yesterday, LLC)United States Bankruptcy Court, D. Connecticut · 2002
- Francisco ProcelUnited States Bankruptcy Court, S.D. New York · 2023
- Gerson A. ManzuetaUnited States Bankruptcy Court, D. Massachusetts · 2020