· 2/11/2004
In Re: Ralph T. Byrd, Debtor, Platinum Financial Services Corporation, Roger Schlossberg, Chapter 7 Trustee, Trustee-Appellant v. Ralph T. Byrd
Citations
- 357 F.3d 433
- 51 Collier Bankr. Cas. 2d 983
- 2004 U.S. App. LEXIS 2243
- 2004 WL 243393
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting reasoning of In re Drexler in favor of a more nuanced analysis as the Bankruptcy Code establishes no such rule
- “The plain language of § 362 stays appellate proceedings in actions originally brought against the debtor, even when it is the debtor who files the appeal.”
- state court judgments were “strong evidence that [the creditor’s] claims were valid”
- rejecting this per se rule
- “substantial factual or legal questions”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkins, Wilkinson, Motz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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