· 9/15/1989
In Re American Hardwoods, Inc., Debtor. American Hardwoods, Inc. v. Deutsche Credit Corporation
Citations
- 885 F.2d 621
- 1989 U.S. App. LEXIS 13822
- 19 Bankr. Ct. Dec. (CRR) 1354
- 1989 WL 105118
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that \the specific provisions of section 524 displace the court's equitable powers under section 105 to order the permanent relief sought\
- recognizing that the bankruptcy court has no power to affect the liability or obligations of a debtor’s non-debtor guarantors
- distinguishing Robins because in that case injunction would only affect fraction of creditors and court had made finding that injunction was essential to plan and entire reorganization hinged on injunction
- allowing case to proceed 11 against individual defendants despite automatic bankruptcy stay as to corporate entity 12 owned by individual defendants
- noting no “unusual facts” warranting permanent “discharge” of debtor’s loan guarantor
- distinguishing Robins because in that case injunction would only affect fraction of creditors and court had made finding that injunction was essential to plan and entire reorganization hinged on injunction
Source: CourtListener parenthetical corpus (CC0).
Judges: Browning, Wallace, Fletcher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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