Legal Opinion
In Re Hawkins
United States Bankruptcy Court, N.D. Georgia
Decided February 3, 1981No. 17-11874PublishedCited by 5 opinions
1Opinion of the Court
ORDER
W. H. DRAKE, Jr., Bankruptcy Judge.
On January 28, 1981, a secured creditor, Ford Motor Credit Company, filed an application to abandon certain property of the estate pursuant to 11 U.S.C. § 554(b). The application has a proposed order attached to it which would lift the automatic stay of 11 U.S.C. § 362(a). The Court finds the application and order to be defective in several respects and, therefore, denies the application.
The first and primary defect is that this application to abandon is an attempt by the creditor to engage in stay litigation by other than an adversary proceeding. See,…
2Cases cited3 opinions
- Matter of HarveyUnited States Bankruptcy Court, M.D. Florida · 1980
- In Re MullinsUnited States Bankruptcy Court, C.D. California · 1980
- Zechman v. Skaneateles Bowling Center, Inc. (In Re Skaneateles Bowling Center, Inc.)District Court, N.D. New York · 1980
3Cited by5 opinions
- In Re TylerUnited States Bankruptcy Court, E.D. Pennsylvania · 1981
- General Electric Credit Corp. v. Bullock (In Re Bullock)United States Bankruptcy Court, E.D. Virginia · 1981
- Fulton v. Mandalay Shores Cooperative Housing Ass'n (In re Mandalay Shores Cooperative Housing Ass'n)United States Bankruptcy Court, M.D. Florida · 1982
- In Re WilliamsonUnited States Bankruptcy Court, N.D. Georgia · 1981
- Matter of RobinsonUnited States Bankruptcy Court, N.D. Georgia · 1981