Legal Opinion
In Re Fernandez
United States Bankruptcy Court, C.D. California
Decided August 29, 1997No. Bankruptcy LA97-25043TDPublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OF DECISION AND ORDER
THOMAS B. DONOVAN, Bankruptcy Judge.
DOES THE BANKRUPTCY COURT HAVE THE RIGHT TO ENFORCE AN IN REM RELIEF FROM STAY ORDER ISSUED IN A PRIOR CASE, WITHOUT NOTICE TO THE DEBTOR IN A LATER CASE, AND WITHOUT THE BENEFIT OF A NEW MOTION FOR RELIEF FROM STAY IN THE DEBTOR’S LATER BANKRUPTCY CASE?
Requests for in rem relief from the automatic stay are made frequently by secured creditors in our court. The facts in this case highlight the problem. The debtor’s motion seeks an order vacating an order dismissing the debtor’s chapter 13 case with a 180-day bar against…
2Cases cited12 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Hanson v. DencklaSupreme Court of the United States · 1958
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fernandez v. GE Capital Mortgage Services, Inc. (In Re Fernandez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- In Re FeldmanUnited States Bankruptcy Court, E.D. New York · 2004
- In Re RoebenUnited States Bankruptcy Court, E.D. Arkansas · 2003
- Aurora Loan Services, Inc. v. Amey (In Re Amey)United States Bankruptcy Court, N.D. Georgia · 2004
- In Re RiekenaUnited States Bankruptcy Court, C.D. Illinois · 2011
2 more not listed; retrieve them via the Exa API.