Legal Opinion
In Re Souders
United States Bankruptcy Court, E.D. Pennsylvania
Decided June 10, 1987No. 19-10165PublishedCited by 36 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION AND PROCEDURAL HISTORY
The Motion for Modification of the Automatic Stay presented to us for determination in the instant case raises several difficult issues. The first is a procedural issue concerning the nature of defenses which may be raised by the Debtor in fending off such Motions generally. We hold that we can consider any defenses which are directly related to the status of the Movant’s claim and that in so doing, we are not prevented, by principles of res judicata, from looking behind a state court judgment, particularly when,…
2Cases cited41 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- D. H. Overmyer Co., Inc. of Ohio v. Frick Co.Supreme Court of the United States · 1972
- SWARB Et Al. v. LENNOX Et Al.Supreme Court of the United States · 1972
- Haas v. Pittsburgh National BankCourt of Appeals for the Third Circuit · 1975
- United Companies Financial Corp. v. BrantleyUnited States Bankruptcy Court, N.D. Florida · 1980
36 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Joe J. Jordan James E. Mitchell Jordan Mitchell, Inc. v. Fox, Rothschild, O'Brien & Frankel, Joe J. Jordan James E. Mitchell Jordan Mitchell, Inc., on Their Own Behalf and on Behalf of All Others Similarly Situated v. Arnold T. Berman Myron J. Berman John J. Petit, Jr., Prothonotary of the Court of Common Pleas of Philadelphia County, Joe J. Jordan James E. Mitchell Jordan Mitchell, Inc., at No. 92-1424, Arnold T. Berman and Myron J. Berman, at No. 92-1456Court of Appeals for the Third Circuit · 1994
- In Re Gulph Woods Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1988
- In Re JordanUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- Jackson v. Boulevard Mortgage Co. (In Re Nickleberry)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Garafano v. Trustees of the Amalgamated Insurance Fund (In Re Garafano)United States Bankruptcy Court, E.D. Pennsylvania · 1989
31 more not listed; retrieve them via the Exa API.