Legal Opinion
Johnson v. Smith (In Re Johnson)
Court of Appeals for the Tenth Circuit
Decided August 28, 2007No. 05-8089PublishedCited by 68 opinions
1Opinion of the Court
McKAY, Circuit Judge.
M & M Auto Outlet — Wyoming, Inc. appeals the merits portion of a Bankruptcy Appellate Panel decision affirming the Wyoming bankruptcy court’s determination that M & M willfully violated the automatic stay of 11 U.S.C. § 362 by repossessing a pickup truck after a Chapter 13 bankruptcy petition had been filed. M & M’s appeal presents a host of issues, including the finality of the BAP decision, the burden of proof required by § 362, the meaning of “willful” under § 362, and the application of that definition to M & M’s actions.
Background
This tortured tale about “a truck…
2Cases cited50 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Butner v. United StatesSupreme Court of the United States · 1979
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
45 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- In Re PrattCourt of Appeals for the Fifth Circuit · 2008
- Johnson v. SmithCourt of Appeals for the Tenth Circuit · 2009
- Richard DeLauro v. Ralph F. PortoCourt of Appeals for the Eleventh Circuit · 2011
- Wingard v. Altoona Regional Health Systems (In Re Wingard)United States Bankruptcy Court, W.D. Pennsylvania · 2008
- Payne v. Mortgage Electronic Registration Systems, Inc. (In Re Payne)United States Bankruptcy Court, D. Kansas · 2008
63 more not listed; retrieve them via the Exa API.