Legal Opinion

Theokary v. Abbatiello (In Re Theokary)

United States Bankruptcy Court, E.D. Pennsylvania

Decided February 14, 2011No. 15-19107PublishedCited by 14 opinions

1Opinion of the Court

OPINION

ERIC L. FRANK, Bankruptcy Judge.

I. INTRODUCTION

In this adversary proceeding, the Plaintiff-Debtor Rafail Theokary (“the Debtor”) asserts that Defendants Eric Abbatiello (“Abbatiello”), Tom Shay (“Shay”), Showplace Farms (“Showplace”) and Gaitway Farms, Inc. (“Gaitway”), willfully violated the automatic stay, 11 U.S.C. § 362(a), during the course of his no-asset bankruptcy case. The Debtor seeks monetary damages from the Defendants. See 11 U.S.C. § 362(k). Trial of the liability issues was bifurcated from the damages issues.

The crux of the dispute as to liability can be summarized…

2Cases cited44 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. EBC, Inc. v. Clark Building System, Inc.Court of Appeals for the Third Circuit · 2010
  3. In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989
  4. Fleet Mortgage Group, Inc. v. KanebCourt of Appeals for the First Circuit · 1999
  5. Sulima v. Tobyhanna Army DepotCourt of Appeals for the Third Circuit · 2010

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3Cited by14 opinions

  1. Bankers Healthcare Group, Inc. v. Bilfield (In re Bilfield)United States Bankruptcy Court, N.D. Ohio · 2013
  2. Theokary v. AbbatielloUnited States Bankruptcy Court, E.D. Pennsylvania · 2012
  3. In re: Rafail Theokary v.Court of Appeals for the Third Circuit · 2015
  4. Odom v. Philadelphia Parking Authority (In re Odom)United States Bankruptcy Court, E.D. Pennsylvania · 2017
  5. In re OdomUnited States Bankruptcy Court, E.D. Pennsylvania · 2017

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

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