Bankr. L. Rep. P 69,953 in the Matter Of: Arthur R. Matthews, Jr., Debtor-Appellant v. Martin J. Rosene and John K. Kneafsey

How courts have described this case

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

• finding that even a violation of the automatic stay would be excused because a court exercising bankruptcy jurisdiction, “as a court of equity, nevertheless must be guided by equitable principles in exercising its jurisdiction”
• noting that suspension of automatic stay provisions may be appropriate under Smith Corset where the “equitable considerations weigh heavily in favor of the creditors and the debtor bears some responsibility for creating the problems.”
• affirming the district court’s conclusion that a 33-month delay in asserting a debtor’s automatic stay rights was unreasonable
• refusing to apply the protections of the stay on equitable grounds where the debtor raised the stay after an unreasonable delay and where the debtor initiated the action
• interpreting statutory predecessor to §362 and annulling the stay in accordance with equitable principles
• where equitable considerations weigh heavily in a creditor’s favor automatic stay may be suspended

Source: CourtListener parenthetical corpus (CC0).