Legal Opinion
In re Miller
United States Bankruptcy Court, E.D. Pennsylvania
Decided November 14, 2013No. 13-16178 ELFPublishedCited by 7 opinions
1Opinion of the Court
OPINION
ERIC L. FRANK, Chief Judge.
I. INTRODUCTION
Many personal bankruptcy cases that are filed involve creditors who hold claims against the debtor for spousal or child support or other types of obligations arising out of a marital or parental relationship. It is commonplace for such creditors either to:(a) take the position that the automatic stay does not apply to them and forge ahead in state court; or(b) seek a determination from the bankruptcy court that the automatic stay does not apply, or if it does, should be lifted to allow them to proceed in the nonbankruptcy forum.
As the present…
2Cases cited41 opinions
- In Re Paul Chris Gianakas, Debtor. Karen Gianakas v. Paul Chris GianakasCourt of Appeals for the Third Circuit · 1990
- McMullen v. KutzSupreme Court of Pennsylvania · 2009
- 37 Collier bankr.cas.2d 1109, Bankr. L. Rep. P 77,390, 11 tex.bankr.ct.rep. 184 in the Matter of Scott Wesley Hudson, Debtor. Scott Wesley Hudson v. Raggio & Raggio, Inc.Court of Appeals for the Fifth Circuit · 1997
- In Re Cynthia WARD, Debtor-Appellee. Appeal of BOWEST CORPORATIONCourt of Appeals for the Third Circuit · 1988
- Bowser v. BlomSupreme Court of Pennsylvania · 2002
36 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McKinney v. McKinney (In re McKinney)United States Bankruptcy Court, W.D. Pennsylvania · 2014
- Rushmore Loan Management Services, LLC v. Kohar (In re Kohar)United States Bankruptcy Court, W.D. Pennsylvania · 2015
- Popple v. Elliott Greenleaf & Siedzikowski, P.C. (In re Popple)United States Bankruptcy Court, M.D. Pennsylvania · 2015
- Kashkashian v. Lerner (In re Kashkashian)United States Bankruptcy Court, E.D. Pennsylvania · 2016
- Ziegler v. Kline (In re Kline)United States Bankruptcy Court, E.D. Pennsylvania · 2014
2 more not listed; retrieve them via the Exa API.