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Legal Opinion

In Re Seal

United States Bankruptcy Court, W.D. Michigan

Decided February 16, 1996No. 00-05091PublishedCited by 15 opinions

1Opinion of the Court

OPINION RE ESCROW FUNDS MOTION AND AMENDED DAMAGES MOTION

JAMES D. GREGG, Bankruptcy Judge.

I.ISSUE

May the debtors collect damages from an alleged secured creditor, resulting from his violation of the automatic stay and contemptuous disregard of court orders by offsetting damages awarded to the debtors against the creditor’s remaining chapter 13 allowed claim distributions?

II.JURISDICTION

The court has jurisdiction over these contested matters. 28 U.S.C. § 1334 and § 157(b)(1). These matters are core proceedings in accordance with 28 U.S.C. § 157(b)(2)(A), (K), (L) and (0). “Civil contempt…

2Cases cited20 opinions

  1. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  2. In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989
  3. In Re Homer G. Walters and Evolene Walters, Debtors. Charles L. Burd v. Homer G. Walters and Evolene WaltersCourt of Appeals for the Fourth Circuit · 1989
  4. In Re Southern Industrial Banking Corporation, Debtor. Thomas Duvoisin, Liquidating Trustee, and Bank of Commerce, Intervening v. Emmett J. FosterCourt of Appeals for the Sixth Circuit · 1987
  5. In the Matter of Hipp, Inc., Debtor. Thomas J. Griffith, Trustee v. David OlesCourt of Appeals for the Fifth Circuit · 1990

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3Cited by15 opinions

  1. In Re: Gordon Sel-Way, Inc., Debtor. Gordon Sel-Way, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 2001
  2. Camall Co. v. Steadfast InsuranceCourt of Appeals for the Sixth Circuit · 2001
  3. Cox v. Billy Pounds Motors, Inc. (In Re Cox)United States Bankruptcy Court, N.D. Alabama · 1997
  4. In Re ShadeUnited States Bankruptcy Court, C.D. Illinois · 2001
  5. United States v. Carey (In Re Wade Cook Financial Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007

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

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