Bankr. L. Rep. P 71,103 Ostano Commerzanstalt and Dr. Herbert Jovy v. Telewide Systems, Inc., and Bernard L. Schubert

How courts have described this case

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

• holding that a debtor cannot waive the automatic stay because the stay also exists to protect creditors
• holding that a bankruptcy petition filed while an appeal was pending prompted an automatic stay of the proceedings, because the action was originally brought against the debtor
• “Relief from the effect of the automatic stay provisions of section 362(a)(1) must be sought from the bankruptcy court pursuant to section 362(d), and not from this court.”
• “whether an action is ‘against the debtor’ is determined by examining the debtor’s status at the time proceedings were initiated, and not by looking to which party has appealed.”
• debtor may neither unilaterally waive nor limit the scope of the automatic stay
• “Relief amended “to combine former Sections 362(b)(4) and (5

Source: CourtListener parenthetical corpus (CC0).