Legal Opinion

In Re Tally Well Service, Inc.

United States Bankruptcy Court, E.D. Michigan

Decided December 13, 1984No. 19-30435PublishedCited by 23 opinions

1Opinion of the Court

MEMORANDUM OPINION ON S & G NATIONAL INVESTMENTS, INC.’S MOTION FOR SUMMARY JUDGMENT

ARTHUR J. SPECTOR, Bankruptcy Judge.

This matter comes before the Court upon motion of S & G National Investments, Inc., for summary judgment on its motion for relief from the automatic stay imposed by § 362(a) of the Bankruptcy Code. It presents the following issue for determination: in the context of a hearing on a motion for relief from the automatic stay, may the debtor properly assert counterclaims and defenses against the movant; and, if so, what weight should such matters be given by the Court?

On March…

2Cases cited11 opinions

  1. William Butler Smith v. Leman HudsonCourt of Appeals for the Sixth Circuit · 1979
  2. United Companies Financial Corp. v. BrantleyUnited States Bankruptcy Court, N.D. Florida · 1980
  3. Beauregard F. Birdwell v. Hazelwood School DistrictCourt of Appeals for the Eighth Circuit · 1974
  4. Mobil Oil Corp. v. Department of EnergyTemporary Emergency Court of Appeals · 1983
  5. Emerson Quiet Kool Corp. v. Marta Group, Inc. (In Re Marta Group, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1983

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

3Cited by23 opinions

  1. Oneida Motor Freight, Inc. v. United Jersey BankCourt of Appeals for the Third Circuit · 1988
  2. Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
  3. National Westminster Bank, U.S.A. v. RossDistrict Court, S.D. New York · 1991
  4. Vale Mills Co. v. Gellert (In Re Gellert)United States Bankruptcy Court, D. New Hampshire · 1985
  5. In Re Poughkeepsie Hotel Associates Joint VentureUnited States Bankruptcy Court, S.D. New York · 1991

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

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