· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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