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· 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 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.