Legal Opinion
In the Matter of Vance Cole Chesnut, Debtor. Mark T. Brown, Templeton Mortgage Corp. v. Vance Cole Chesnut
Court of Appeals for the Fifth Circuit
Decided August 19, 2005No. 04-10919PublishedCited by 114 opinions
1Opinion of the Court
EDITH BROWN CLEMENT, Circuit Judge:
The Bankruptcy Code’s automatic stay is designed to ensure the orderly distribution of assets by temporarily protecting the property of the debtor’s estate from the reach of creditors. A willful violation of the stay occurs when a creditor, with knowledge of the stay, seizes the debtor’s property without first obtaining relief from the stay from the bankruptcy court. Here, we face the question whether the creditor violates the stay if, without permission of the bankruptcy court, he forecloses on an asset to which the debtor has only an arguable claim of…
2Cases cited18 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
- Connecticut v. DoehrSupreme Court of the United States · 1991
13 more not listed; retrieve them via the Exa API.
3Cited by114 opinions
- Young v. RepineCourt of Appeals for the Fifth Circuit · 2008
- Johnson v. Smith (In Re Johnson)Court of Appeals for the Tenth Circuit · 2007
- Campbell v. Countrywide Home Loans, Inc.Court of Appeals for the Fifth Circuit · 2008
- Sanchez v. Ameriquest Mortgage Co. (In Re Sanchez)United States Bankruptcy Court, S.D. Texas · 2007
- Bonneville Power Administration v. Mirant Corp.Court of Appeals for the Fifth Circuit · 2006
109 more not listed; retrieve them via the Exa API.