· 11/15/2011
TW Telecom Holdings Inc. v. Carolina Internet Ltd.
Citations
- 661 F.3d 495
- 2011 U.S. App. LEXIS 22833
- 55 Bankr. Ct. Dec. (CRR) 189
- 2011 WL 5533450
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that section 362 “stay[s] all appeals in proceedings that were originally brought against the debtor”
- holding that the automatic stay applies to appeals in proceedings originally filed against the debtor, “regardless of whether the debtor is the appellant or the appellee”
- holding that the tolling provision in 11 U.S.C. § 108 (b), which is similar to the tolling provision of § 108(c), operated to render timely a notice of appeal filed after the lifting of the bankruptcy stay
- reversing prior holding that automatic stay does not prevent debtor from pursuing an appeal, even if appeal is from a creditor's judgment against debtor
- staying the debtor’s appeal because the debtor was the defendant in the underlying proceeding
- stating that this factor “can be dispositive”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelly, Gorsuch, and Matheson, Circuit Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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