· 9/8/1995
White v. City of Santee (In Re White)
Citations
- 186 B.R. 700
- 95 Daily Journal DAR 13591
- 34 Collier Bankr. Cas. 2d 1019
- 1995 Bankr. LEXIS 1376
- 27 Bankr. Ct. Dec. (CRR) 1119
- 1995 WL 570576
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reviewing a bankruptcy court’s exercise of its equitable powers under the abuse of discretion standard
- automatic stay does not prevent trustee or debtor in possession from prosecuting action initiated by debtor and pending at time of bankruptcy
- “[T]he primary purpose of [11 U.S.C.] § 362 is not applicable to offensive actions by the debtor in possession or bankruptcy trustee.”
- stay provision inapplicable to “offensive actions by debtor in possession or bankruptcy trustee”
- “The trustee or debtor in possession is 27 not prevented by the automatic stay from prosecuting or appearing in an action which the debtor has initiated and that is pending at the time of bankruptcy.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ollason, Curley, Jones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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