Legal Opinion
In Re Nita B. Smith, Debtor. Nita B. Smith, Cross-Appellant v. First America Bank, N.A., Cross-Appellee
Court of Appeals for the First Circuit
Decided May 26, 1989No. 88-1562, 88-2083PublishedCited by 115 opinions
1Opinion of the Court
KENNEDY, Circuit Judge.
Appellant First of America Bank (“Bank”) repossessed and sold a vehicle which it had financed for appellee Nita B. Smith (“debtor” or “appellee”). The sale took place after debtor had filed for protection under Chapter 13 but before Bank received notice of the filing. The bankruptcy court denied Smith’s motion to recover the vehicle or to return the proceeds of the sale to the estate. The District Court reversed, holding that the sale had violated the Bankruptcy Code’s automatic stay provision, 11 U.S.C. § 362(a). Debtor cross-appeals from the District Court’s…
2Cases cited8 opinions
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- In Re Smith Corset Shops, Inc., Debtor. Appeal of Laurent BrodeurCourt of Appeals for the First Circuit · 1982
- Bankr. L. Rep. P 69,953 in the Matter Of: Arthur R. Matthews, Jr., Debtor-Appellant v. Martin J. Rosene and John K. KneafseyCourt of Appeals for the Seventh Circuit · 1984
- In Re Advent Corp.Bankruptcy Appellate Panel of the First Circuit · 1982
- Matter of ClarkUnited States Bankruptcy Court, N.D. Ohio · 1986
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3Cited by115 opinions
- Maritime Electric Co. v. United Jersey BankCourt of Appeals for the Third Circuit · 1991
- Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)Court of Appeals for the Third Circuit · 1992
- In Re Weiner Merchant, Debtor. Andrews University v. Weiner MerchantCourt of Appeals for the Sixth Circuit · 1992
- Easley v. Pettibone Michigan Corp.Court of Appeals for the Sixth Circuit · 1993
- Raymark Industries, Inc., Debtor-Appellant v. George Q. LaiCourt of Appeals for the Third Circuit · 1992
110 more not listed; retrieve them via the Exa API.