Legal Opinion

In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica Corporation

Court of Appeals for the Fifth Circuit

Decided September 19, 1983No. 82-2322PublishedCited by 289 opinions

1Opinion of the Court

RANDALL, Circuit Judge:

This case comes to us upon a final order of the district court concerning the scope of the automatic stay provided for in section 362 of the Bankruptcy Code. 11 U.S.C. § 362 (Supp. V 1981). The district court held that the stay extends far enough to prevent the American National Bank of Austin from asserting various state-law causes of action in state court against Joe R. Long, who had controlled the Mortga-geAmerica Corporation before its descent into bankruptcy under chapter 7. 11 U.S.C. §§ 701-766. For the reasons given below, we affirm.

This dispute began in April,…

2Cases cited37 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. State Farm Fire & Casualty Co. v. TashireSupreme Court of the United States · 1967
  4. Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
  5. Hunter v. Fort Worth Capital Corp.Texas Supreme Court · 1981

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3Cited by289 opinions

  1. 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
  2. In the Matter of Consolidated Bancshares, Inc., D/B/A Consolidated Investors, Inc., Debtor. Pierson & Gaylen, Ray & Terrell & Grubbs, Cross- v Creel & Atwood and Jack Bryant, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
  3. St. Paul Fire and Marine Insurance Company v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1989
  4. In Re Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co. v. Esselen Associates, Inc.Court of Appeals for the Second Circuit · 1990
  5. Matter of Haber Oil Co., Inc.Court of Appeals for the Fifth Circuit · 1994

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