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· 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 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.