Legal Opinion

Elder v. City of Thomasville (In Re Elder)

United States Bankruptcy Court, M.D. Georgia

Decided July 10, 1981No. 19-70122PublishedCited by 66 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ALGIE M. MOSELEY, Jr., Bankruptcy Judge.

Garnishment was begun prior to bankruptcy. Garnishor and Garnishee knew of the bankruptcy one day after bankruptcy was filed. Essentially, both continued as if no bankruptcy had been filed. Debtor sought aid of Bankruptcy Court, and herein both are found to be in violation of the automatic stay and required to pay attorney’s fees to Debtor’s attorney.

FINDINGS OF FACT

1. On July 21, 1975, default judgment was taken and entered on the General Execution Docket of the Superior Court of Thomas County, Georgia in favor of…

2Cases cited10 opinions

  1. Kalb v. FeuersteinSupreme Court of the United States · 1940
  2. Mueller v. NugentSupreme Court of the United States · 1902
  3. In Re Fidelity Mortgage Investors, Debtor. Fidelity Mortgage Investors, Applicant-Appellee v. Camelia Builders, Inc.Court of Appeals for the Second Circuit · 1977
  4. John David v. The Hooker, Ltd Hooker Music, Ltd., Ronald Haffkine, Non-PartyCourt of Appeals for the Ninth Circuit · 1977
  5. In Re EisenbergUnited States Bankruptcy Court, E.D. New York · 1980

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3Cited by66 opinions

  1. Miller v. Savings Bank of Baltimore (In Re Miller)District Court, D. Maryland · 1982
  2. INSLAW, Inc. v. United States (In Re INSLAW, Inc.)District Court, District of Columbia · 1988
  3. Franchise Tax Board v. Roberts (In Re Roberts)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  4. Ledford v. Tiedge (In Re Sams)United States Bankruptcy Court, S.D. Ohio · 1989
  5. Dubin v. Jakobowski (In Re Stephen W. Grosse, P.C.)United States Bankruptcy Court, E.D. Pennsylvania · 1988

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