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· 7/5/1988

Credit Alliance Corporation v. Gary L. Williams, and Penn Hook Coal Company, Inc. Malcolm C. Williams, Jr.

Citations

  • 851 F.2d 119
  • 1988 U.S. App. LEXIS 9051
  • 18 Bankr. Ct. Dec. (CRR) 227
  • 1988 WL 67756

How courts have described this case

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

  • stating that the plain language of § 362(a) does not apply to non-debtors and ■will not be applied absent “unusual circumstances”
  • stating that automatic stay did not apply to action against nondebtor guarantor of debtor’s obligation
  • stating that automatic stay did not apply to action against nondebtor guarantor of debtor's obligation
  • finding that while the default judgment was void as to the debtor, the judgment could still be enforced against the debtor’s guarantors even if those guarantors would then have a claim for contribution against the debtor
  • enforcing a default judgment entered against a nondebtor guarantor of a note during the pendency of the corporate obligor’s bankruptcy
  • finding purpose of guaranty would be frustrated by interpreting section 362 to stay creditor’s action against non-bankrupt guarantor when the defaulting debtor petitioned for bankruptcy

Source: CourtListener parenthetical corpus (CC0).

Judges: Ervin, Wilkinson, Butzner

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.