11 U.S.C. § 362

271 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Sluggo's Chicago Style, Inc. v. Taxel
  912 F.2d 1073· 9th Cir.· 1990-08-27
  The court held that a security deposit collected by a state taxing authority for unpaid taxes does not constitute a trust fund and is therefore property of the bankruptcy estate when seized prior to the filing of a bankruptcy petition.
• In re McLEAN Indus., Inc. v. United States Lines, Inc.
  884 F.2d 1566· 2d Cir.· 1989-09-12
  The court held that the seamen's claims to funds distributed by the Singapore court to creditor banks were without merit, as the Singapore court's jurisdiction and law governed lien priorities.
• In re McGUIRT v. McGUIRT
  879 F.2d 182· 5th Cir.· 1989-08-09
  A motion for relief from the automatic stay, even if alleging fraud, does not satisfy the specificity requirements for a complaint to determine dischargeability under Bankruptcy Rule 4007(c) and does not relate back to the filing date of the motion.
• MNC Commercial Corp. v. Joseph T. Ryerson & SON
  882 F.2d 615· 2d Cir.· 1989-07-11
  A subsequently arising setoff cannot take priority over a perfected security interest in receivables under New York's Uniform Commercial Code Article 9.
• Groveland, Inc. v. O'Malley
  545 So. 2d 515· Fla. 3d DCA· 1989-07-05
• Apex OIL Co. v. The Belcher Co. OF NEW York, Inc.
  865 F.2d 504· 2d Cir.· 1989-01-11
  The automatic stay of bankruptcy does not excuse a delayed filing of costs if the movant does not seek relief from the stay in bankruptcy court within the original 14-day filing period.
• Boromei v. Sun Bank of Tampa Bay
  92 B.R. 516· M.D. Fla.· 1988-10-27
  A Chapter 13 debtor's right to cure a mortgage default and reinstate the mortgage under 11 U.S.C. § 1322(b)(5) continues until the foreclosure sale, and this federal right is not extinguished by state law merger doctrine.
• Dallas v. S.A.G., Inc.
  836 F.2d 1307· 11th Cir.· 1988-02-02
  The court held that the bankruptcy court improperly placed the burden of proof on Dallas and that Owen possessed a contractual lien, not merely a statutory one. The district court's decision to affirm the bankruptcy court's rulings is reversed.
• In re Vahlsing v. Vahlsing
  829 F.2d 565· 5th Cir.· 1987-10-16
  A party whose claim against a debtor has been fully adjudicated and dismissed in another court lacks creditor status and therefore lacks standing to object to the debtor's Chapter 7 discharge.
• In re U.I.P. Engineered Prods. Corp. v. U.I.P. Engineered Prods. Corp.
  831 F.2d 54· 4th Cir.· 1987-10-13
  The court held that the district court properly affirmed the bankruptcy court's denial of motions to dismiss the bankruptcy petitions of wholly-owned subsidiaries when the parent company filed in good faith.
• In re Wright
  75 B.R. 414· M.D. Fla.· 1987-06-08
  The bankruptcy court improperly found an attorney in contempt for violating the automatic stay because it failed to follow proper procedures for criminal contempt and the record did not support a finding of contempt.
• In re Bruce J. Arnold & Nancy Arnold v. Bruce J. Arnold & Nancy Arnold
  806 F.2d 937· 9th Cir.· 1986-12-19
  The court held that the district court erred in lifting the automatic stay because the debtors acted in good faith and the reorganization plan complied with Chapter 11 requirements.
• In re the Sinking OF the M/V Ukola (Crew Cases). The Oceanus Mut. Underwriting Ass'n v. Imperial Sugar Co.
  806 F.2d 1· 1st Cir.· 1986-11-24
  The court held that the surety bond in an interpleader action must be interpreted contextually to cover judgments against the insureds, not just the insurer, to satisfy the purpose of the interpleader statute.
• Town of Islip v. Ne. Int'l Airways
  56 B.R. 247· S.D. Fla.· 1986-01-07
  The court held that an expired nonresidential lease is not part of the bankruptcy estate and is not protected by the automatic stay, even if the tenant holds over.
• William D. Seidle for the Est. of Airlift Int'l, Inc. v. Gatx Leasing Corp.
  778 F.2d 659· 11th Cir.· 1985-12-16
  A stipulation entered into under 11 U.S.C. § 1110, which allows a debtor to retain possession of aircraft by curing defaults, precludes a bankruptcy trustee from recovering pre-petition payments made pursuant to that stipulation as preferential transfers under 11 U.S.C. § 547.
• In re Cox
  53 B.R. 829· M.D. Fla.· 1985-10-15
  Executone is in contempt for violating the automatic stay but will not face sanctions due to good faith; however, it is enjoined from pursuing damages but granted limited relief to pursue injunctive relief regarding a non-competition clause.
• In re AIR Vt., Inc. v. AIR Vt., Inc.
  761 F.2d 130· 2d Cir.· 1985-05-03
  A conditional vendor of an aircraft is permitted to repossess it under 11 U.S.C. § 1110, even if the security interest is unperfected, provided the other statutory conditions are met.
• In re Kovacs v. William Lee Kovacs dba B & W Enters.
  755 F.2d 484· 6th Cir.· 1985-02-18
  The appeal is dismissed as moot because the Supreme Court affirmed the dischargeability of the debt, rendering the issue of the automatic stay moot.
• In re Zwart v. Zwart
  722 F.2d 1258· 5th Cir.· 1984-01-20
  The bankruptcy court erred in dismissing the Chapter 11 proceedings under Local Rule 12 because the appellants' adversary proceeding constituted a "step or proceeding" within the meaning of the rule, negating the finding of inactivity.
• In re MED Gen., Inc.
  672 F.2d 716· 8th Cir.· 1982-03-19
  The court held that an order of abstention by a bankruptcy court under 28 U.S.C. § 1471(d) is not reviewable by appeal or otherwise, and therefore, the appeal must be dismissed for lack of jurisdiction.