Legal Opinion
Bank of America National Trust & Savings Ass'n v. Edgins (In Re Edgins)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided January 13, 1984No. BAP No. NC-82-1402 Vase, Bankruptcy No. 1-82-00881, Adv. No. 1-82-0535PublishedCited by 44 opinions
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
The Bank of America appeals from an order holding the bank in contempt for violation of the automatic stay. The question presented is, may the bank, a creditor of the debtor, defer withdrawal of funds from debtor’s account without violating the 11 U.S.C. Section 362 stay? We hold that the bank may defer access to the account and accordingly reverse.
I. FACTS
On July 9, 1982, the debtor, William F. Edgins, filed a bankruptcy petition pursuant to 11 U.S.C. Chapter 13. At the time of filing, the debtor owed $12,500 to the appellant, Bank of America National Trust…
2Cases cited5 opinions
- Catlin v. United StatesSupreme Court of the United States · 1945
- Kenney's Franchise Corp. v. Central Fidelity Bank NA, LynchburgDistrict Court, W.D. Virginia · 1982
- Cusanno v. Fidelity BankDistrict Court, E.D. Pennsylvania · 1983
- Matter of Gazelle, Inc.United States Bankruptcy Court, W.D. Wisconsin · 1982
- In Re DavisUnited States Bankruptcy Court, W.D. New York · 1983
3Cited by44 opinions
- In Re Cascade Roads, Inc., Debtor. United States of America v. Peter H. Arkison, TrusteeCourt of Appeals for the Ninth Circuit · 1994
- Liberty Mutual Insurance v. Official Unsecured Creditors' Committee of Spaulding Composites Co. (In Re Spaulding Composites Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- In Re BriggsUnited States Bankruptcy Court, E.D. Michigan · 1992
- Williams v. American Bank of the Mid-Cities, N.A. (In Re Williams)United States Bankruptcy Court, N.D. Texas · 1986
- Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
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