Legal Opinion

In Re Bernstein

District Court, District of Columbia

Decided September 20, 2000No. 00-01372PublishedCited by 11 opinions

1Opinion of the Court

AMENDED DECISION AND ORDER RE MOTION FOR EXPEDITED HEARING OF MOTION FOR CONTEMPT FOR VIOLATION OF AUTOMATIC STAY

S. MARTIN TEEL, Jr., Bankruptcy Judge.

The court declines to hear the Motion for Contempt for Violation of the Automatic Stay (Docket Entry No. 5) on an emergency basis. The contempt motion is directed to continued retention of property pursuant to a prepetition writ of fieri faci-as, conduct which the debtor asserts vio lates 11 U.S.C. § 362(a)(3). 1 Because the continued retention of the property pursuant to a prepetition seizure does not violate § 362(a)(3), the court will deny…

2Cases cited21 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  3. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  4. Williams v. TaylorSupreme Court of the United States · 2000
  5. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995

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3Cited by11 opinions

  1. WD Equipment, LLC v. CowenCourt of Appeals for the Tenth Circuit · 2017
  2. Harchar v. United States (In Re Harchar)United States Bankruptcy Court, N.D. Ohio · 2008
  3. In Re GilesUnited States Bankruptcy Court, M.D. Florida · 2002
  4. In Re KasperDistrict Court, District of Columbia · 2004
  5. In Re Randolph Towers Cooperative, Inc.District Court, District of Columbia · 2011

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

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