U.S. Court of Appeals for the Eleventh Circuit, 1983

Willie Ellison and Mary Ellison v. Northwest Engineering Company, a Delaware Corporation

U.S. Court of Appeals for the Eleventh Circuit · Decided June 24, 1983 · Vance, Henderson, Tuttle

707 F.2d 1310; 1983 U.S. App. LEXIS 26429; 11 Bankr. Ct. Dec. (CRR) 401 (Federal Reporter, Second Series)

Counsel

Alison C. Weinger, Steven M. Weinger, Kurzban & Kurzban, Miami, Fla., for plaintiffs-appellants., Edward R. Nicklaus, William R. Wicks, III, Dixon, Dixon, Hurst, Nicklaus & Webb, Miami, Fla., for defendant-appellee.

Cases that cite this one

45 later published cases cite this decision. The 24 that cite it most often are listed here.

In re Capgro Leasing Associates (United States Bankruptcy Court, E.D. New York 1994)
In re Mid-City Parking, Inc. (United States Bankruptcy Court, N.D. Illinois 2005)
Savers Federal Savings & Loan Ass'n v. McCarthy Construction Co. (In re Knightsbridge Development Co.) (4th Cir. 1989)
In re Roxse Homes, Inc. (United States Bankruptcy Court, D. Massachusetts 1987)
First National Bank of Boston v. Overmyer (In re Overmyer) (United States Bankruptcy Court, S.D. New York 1983)
Jones v. Cain (D.C. 2002)
Bailey v. Campbell (Okla. 1992)
In re Bob's Supermarket's, Inc. (United States Bankruptcy Court, D. Montana 1990)
In re KNIGHTSBRIDGE DEVELOPMENT CO. INC. (4th Cir. 1989)
In re Concert Arts Society, Inc. (District Court, S.D. New York 1983)
James Meredith (United States Bankruptcy Court, Southern District Florida 2025)
NATIONAL MEDICAL IMAGING, LLC v. LYON FINANCIAL SERVICES, INC., etc. (Fla. Dist. Ct. App. 2021)
Steve Shickles, Jr. (United States Bankruptcy Court, N.D. Alabama 2019)
Chaput v. Scafidi (Superior Court of The Virgin Islands 2017)
Green Point Credit, LLC v. McLean (In re McLean) (11th Cir. 2015)
Parker v. Credit Central South, Inc. (11th Cir. 2015)
Marcus Rosenberger v. Homecomings Financial, LLC F/K/A Homecomings Financial Network, Inc. Litton Loan Servicing, L.P. And Ocwen Loan Servicing, LLC (Tex. App. 2014)
Brouillard v. DLJ Mortgage Capital, Inc. (Supreme Court of The Virgin Islands 2014)
Walton v. Clark & Washington, P.C. (United States Bankruptcy Court, M.D. Florida 2011)
Govero v. Axelrod (In re Govero) (United States Bankruptcy Court, Southern District Florida 2010)
In re White (United States Bankruptcy Court, M.D. Florida 2009)
Way Architects, P.C. v. Rockrimmon Elderly Housing Ltd. Partnership (Colo. App. 2005)
Oakwood Acceptance Corp. v. Tsinigini (Navajo Nation Supreme Court 2003)
James Johnson v. K Mart Corporation (11th Cir. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER STAYING PROCEEDINGS

BY THE COURT:

Appellants, Willie and Mary Ellison, appealed the district court’s summary judgment for defendant of March 10,1982. After the parties had filed briefs and this panel had heard oral argument but prior to the court’s decision, appellee, Northwest Engineering Company, filed a voluntary petition under chapter eleven of the Bankruptcy Code. 11 U.S.C. §§ 1101-1174. Northwest contends that the automatic stay provision of the code prevents this court from issuing its opinion.

Filing of a petition under the Bankruptcy Code operates as an automatic stay of “the commencement or continuation ... of a judicial, administrative, or other proceeding against the debtor that was or could have been commenced before the commencement of the case under [the bankruptcy code] ....” 11 U.S.C. § 362(a)(1). The automatic stay is designed to give the debtor “a breathing spell from his creditors. It stops all collection efforts, all harassment, and all foreclosure actions. It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressure that drove him into bankruptcy.” H.R.Rep. No. 595, 95th Cong.2d Sess. 340, reprinted in 1978 U.S.Code Cong. & Ad.News 5787, 5963, 6297.

Although we agree with the Ellisons that, under the particular circumstances of this case, there are strong policies favoring and virtually none opposing the court’s entering its decision, these are matters for consideration by the bankruptcy court. Until it enters a contrary order, we are bound by the automatic stay provision of 11 U.S.C. § 362(a)(1). Association of St. Croix Condominium Owners v. St. Croix Hotel Corp., 682 F.2d 446 (3d Cir. 1982); see also Association of St. Croix Condominium Owners v. St. Croix Hotel Corp., 690 F.2d 367 (3d Cir. 1982).

It is therefore ORDERED that pursuant to 11 U.S.C. § 362 all proceedings in this court are hereby stayed. The parties are directed to inform the court when the bankruptcy court grants relief from the automatic stay or that stay lapses. At that time we will release our decision.

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