Legal Opinion
Mann v. Marine Bank West (In Re Omni Graphics, Inc.)
United States Bankruptcy Court, E.D. Wisconsin
Decided May 8, 1990No. 19-21635PublishedCited by 13 opinions
1Opinion of the Court
DECISION
JAMES E. SHAPIRO, Bankruptcy Judge.
This action is based upon an alleged violation of the automatic stay by Marine Bank West (“the Bank”). The trustee and the Bank have filed cross-motions for summary judgment. The Bank has also filed a motion for annulment of the automatic stay. A stipulation of facts, briefs and oral arguments have been presented to the court.
The issues are:
1. Did the Bank violate the automatic stay under 11 U.S.C. § 362(a)?
2. If so, what is the appropriate measure of damages? As part of this inquiry, the court must also consider if the doctrine of equitable…
2Cases cited19 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
- In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989
- In Re Nita B. Smith, Debtor. Nita B. Smith, Cross-Appellant v. First America Bank, N.A., Cross-AppelleeCourt of Appeals for the First Circuit · 1989
- Tel-A-Communications Consultants, Inc. v. Auto-Use (In Re Tel-A-Communications Consultants, Inc.)United States Bankruptcy Court, D. Connecticut · 1985
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Martino v. First National Bank of Harvey (In Re Garofalo's Finer Foods, Inc.)District Court, N.D. Illinois · 1995
- Moratzka v. Visa U.S.A. (In Re Calstar, Inc.)United States Bankruptcy Court, D. Minnesota · 1993
- In Re RichardsonUnited States Bankruptcy Court, E.D. Texas · 1992
- In Re Poughkeepsie Hotel Associates Joint VentureUnited States Bankruptcy Court, S.D. New York · 1991
- In Re FloresUnited States Bankruptcy Court, S.D. New York · 2003
8 more not listed; retrieve them via the Exa API.