· 6/13/1991
Pettibone Corporation v. Carl Easley
Citations
- 935 F.2d 120
- 25 Collier Bankr. Cas. 2d 1
- 1991 U.S. App. LEXIS 12059
- 21 Bankr. Ct. Dec. (CRR) 1326
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “[f]ederal law assured the plaintiffs [in a personal injury action] 30 days in which to pick up the baton; if states want to give plaintiffs additional time [by tolling the statute of limitations during the bankruptcy proceeding], that is their business”
- “Formerly a ward of the court, the debtor is emancipated by the plan of reorganization.”
- once bankruptcy court confirms reorganization plan, debtor “may go about its business without further supervision or approval” but is also “without the protection of the bankruptcy court”
- “Only a belief that bankruptcy is forever could produce a case such as this.”
- bankruptcy court lacked jurisdiction to modify stay once it had confirmed plan of reorganization
- “Disputes about the effect of a decision in one case on the prosecution of another are for the judge presiding in the second case. In the law of preclusion the second court normally determines the effects of the first judge’s order.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Manion, Kanne
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.