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· 1/19/2006

Acands, Inc. v. Travelers Casualty and Surety Company

Citations

  • 435 F.3d 252
  • 2006 U.S. App. LEXIS 1177
  • 45 Bankr. Ct. Dec. (CRR) 243
  • 2006 WL 133546

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • prepetition arbitration action brought by the debtor should have been stayed if the effect of the arbitration ruling could result in a claim against the debtor
  • “[A] defendant’s failure to formally plead a counter- claim prevents the court from granting affirmative relief on the basis of the defendant’s argument.”
  • “[T]he automatic stay provision of the Bankruptcy Code promotes a public policy sufficient to preclude enforcement of an award that violates its terms or interferes with its purposes.”
  • “Only the bankruptcy court with jurisdiction over a debtor’s case has the authority to grant relief from the stay of judicial proceedings against the debtor.” (quoting Maritime Elec. Co. v. United Jersey Bank, 959 F.2d 1194, 1204 (3d Cir. 1992)
  • arbitration award that effectively terminated debtor’s insurance coverage

Source: CourtListener parenthetical corpus (CC0).

Judges: Alito, Becker, Shadur

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.