· 7/2/2001
McKeen v. Federal Deposit Insurance
Citations
- 549 S.E.2d 104
- 274 Ga. 46
- 2001 Fulton County D. Rep. 2057
- 2001 Ga. LEXIS 536
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that proceedings instituted against debtor or agreements made with debtors in violation of the automatic stay in bankruptcy proceedings are void — being a legal nullity of no effect
- “Filing a notice of levy and advertising the property for sale are actions that are clearly stayed during the pendency of a bankruptcy.”
- “While this Court is not bound by decisions of the Eleventh Circuit construing federal law, they are persuasive.”
- ‘Albany stated that the general rule in the Eleventh Circuit is that [actions in violation of the automatic stay in bankruptcy cases] are void ab initio, but the stay may be annulled at the discretion of the [bankruptcy] court, particularly where there are issues of bad faith”
Source: CourtListener parenthetical corpus (CC0).
Judges: Benham
Read full opinion on CourtListenerSourced 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.