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Legal Opinion

Schake v. County of Buffalo (In Re Schake)

United States Bankruptcy Court, D. Nebraska

Decided January 21, 1993No. 19-80175PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

The Debtor, Debra Schake, seeks a determination that the Buffalo County Attor ney’s Office violated the automatic stay by proceeding on requests to prosecute dishonored checks. Amicus curiae briefs were filed by the Nebraska County Attorney's Association, Legal Services of Southeast Nebraska and Legal Aid in Omaha. The case was submitted on a stipulation of facts, I conclude that the automatic stay was not violated because § 362(b)(1) permits the commencement or continuation of a criminal action or proceeding against bankruptcy debtors.

STATEMENT…

2Cases cited9 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Kelly v. RobinsonSupreme Court of the United States · 1986
  3. Barnette v. EvansCourt of Appeals for the Eleventh Circuit · 1982
  4. Davis v. SheldonCourt of Appeals for the Third Circuit · 1982
  5. Munson v. GilliamCourt of Appeals for the Eighth Circuit · 1976

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3Cited by7 opinions

  1. Davis v. Illinois State Police Federal Credit Union (In Re Davis)United States Bankruptcy Court, N.D. Illinois · 2000
  2. Berg v. Turow (In Re Berg)United States Bankruptcy Court, E.D. Wisconsin · 1994
  3. In Re BibbsUnited States Bankruptcy Court, E.D. Arkansas · 2002
  4. In re SoriUnited States Bankruptcy Court, N.D. Illinois · 2014
  5. Pearce v. E.L.W. Corp. (In Re Pearce)United States Bankruptcy Court, N.D. Iowa · 2009

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

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