Legal Opinion
Eastern Refractories Co. Inc. v. Forty Eight Insulations Inc. Aycock Inc., Fibrex Inc. And Minnesota Mining & Manufacturing Co.
Court of Appeals for the Second Circuit
Decided October 7, 1998No. 2061, Docket 97-9604PublishedCited by 74 opinions
1Opinion of the Court
JACOBS, Circuit Judge.
Eastern Refractories Co. Inc. (“Eastern”) appeals from an order of the United States District Court for the Southern District of New York (Conner, J.) dismissing Eastern’s lawsuit against Forty Eight Insulations Inc. (“Forty Eight”) pursuant to Federal Rule of Civil Procedure 12(b)(4), on the ground that the suit — commenced without leave after Forty Eight had filed for bankruptcy protection — violated the automatic stay provision of the Bankruptcy Code, 11 U.S.C. § 362(a)(1), and was therefore void. Although the United States Bankruptcy Court for the Northern District…
2Cases cited5 opinions
- Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
- Rexnord Holdings, Inc. v. Maurice BidermannCourt of Appeals for the Second Circuit · 1994
- Robert A. Sikes and Janice K. Sikes v. Global Marine, Inc.Court of Appeals for the Fifth Circuit · 1989
- In Re Leonard J. Siciliano, Debtor. Prudential Savings Bank, PasaCourt of Appeals for the Third Circuit · 1994
- In Re Fugazy Express, Inc.Court of Appeals for the Second Circuit · 1992
3Cited by74 opinions
- Eastern Refractories Co. v. Forty Eight Insulations, Inc.District Court, S.D. New York · 1999
- United States v. ColasuonnoCourt of Appeals for the Second Circuit · 2012
- In Re Cenargo International, PLCUnited States Bankruptcy Court, S.D. New York · 2003
- In Re StockwellUnited States Bankruptcy Court, D. Vermont · 2001
- Graziani v. RandolphSuperior Court of Pennsylvania · 2004
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