Gordon v. Whitmore (In Re Merrick)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
A bankruptcy trustee sought sanctions against several state court defendants for willful violation of the automatic stay of 11 U.S.C. § 362(a) when the state court, after determining that defense issues were not affected by the automatic stay, granted the defendants’ motion for a summary judgment, dismissed the lawsuit, and awarded them costs. The bankruptcy court ruled to the contrary, holding that the automatic stay was applicable. Because a defendant need not seek relief from the automatic stay in order to defend himself against a lawsuit commenced by the…
2Cases cited15 opinions
- In the Matter of Charles Holtkamp and Holtkamp Farms, Inc., Debtors-Appellants. Charles Holtkamp and Holtkamp Farms, Inc. v. Ronald E. LittlefieldCourt of Appeals for the Seventh Circuit · 1982
- In the Matter of S.I. Acquisition, Inc., Debtor. S.I. Acquisition, Inc. v. Eastway Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1987
- Margaret Austin, Etc. v. Unarco Industries, Inc.Court of Appeals for the First Circuit · 1983
- Assoc. Of St. Croix Condominium Owners v. St. Croix Hotel Corp. Assoc. Of St. Croix Condominium Owners v. The St. Croix Hotel Corp. Appeal of St. Croix Hotel Corporation. Assoc. Of St. Croix Condominium Owners v. St. Croix Hotel Corp. Assoc. Of St. Croix Condominium Owners v. The St. Croix Hotel Corp. Appeal of Association of St. Croix Condominium OwnersCourt of Appeals for the Third Circuit · 1982
- In Re Robert John Price, Debtor. Roy E. Lompa v. Robert John PriceCourt of Appeals for the Ninth Circuit · 1989
10 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Palmdale Hills Property, LLC v. Lehman Commercial Paper, Inc.Court of Appeals for the Ninth Circuit · 2011
- Liberty Mutual Insurance v. Official Unsecured Creditors' Committee of Spaulding Composites Co. (In Re Spaulding Composites Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Groner v. Miller (In Re Miller)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- White v. City of Santee (In Re White)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Lehman Commercial Paper, Inc. v. Palmdale Hills Property, LLC (In Re Palmdale Hills Property, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
40 more not listed; retrieve them via the Exa API.