In re Burke

3 Citing cases

  1. In re Peake

    588 B.R. 811 (Bankr. N.D. Ill. 2018)   Cited 11 times
    Explaining the purposes of 11 U.S.C. § 362(b)

    The City's right to possess the vehicle continues where the loss of possession occurs under circumstances not indicating an intent to abandon, release, or waive the lien, such as where possession is given up involuntarily due to forced compliance with a statute or court order, where possession is given up under circumstances indicating an implied agreement to continue the lien, or where possession is given up by way of trick, fraud, artifice, or mistake. SeeIn re Borden , 361 B.R. 489, 494–95 (8th Cir. BAP 2007) ; In re Burke , 5 B.R. 368, 371 (Bankr. E.D. Pa. 1980) ; Gen. Motors Acceptance Corp. v. Colwell Diesel Serv. & Garage, Inc. , 302 A.2d 595, 596–97 (Me. 1973) ; Brauer v. Hotel Assocs., Inc. , 40 N.J. 415, 192 A.2d 831, 835 (1963) ; State v. Dyer , 126 Okla. 260, 259 P. 212, 216 (1927) ; In re Estate of Miller , 197 Ill.App.3d 67, 144 Ill.Dec. 890, 556 N.E.2d 568, 572 (1990) ; Braden v. Cline , 51 Cal.App. 424, 196 P. 913, 914 (1921) ("The important fact is that he voluntarily relinquished possession and control of the property, by reason of which the lien due to the levy of the writ was lost ....") (emphasis added); In re Atlas Iron Const. Co. , 19 A.D. 415, 46 N.Y.S. 467, 469 (1897) ; 17 RULING CASE LAW 611–12 (William M. McKinney & Burdett A. Rich eds., 1917); 19 THE AMERICAN AND ENGLISH ENCYCLOPEDIA OF LAW 27 & n.10 (David S. Garland & Lucius P. McGehee eds., 2d ed. 1901); BASIL MONTAGU, A SUMMARY OF THE LAW OF LIEN 9–10 (1821); see alsoManufacturers' & Traders' Nat. Bank of Buffalo v. Gilman , 7 F.2d 94, 97 (1st Cir. 1925) ; Undergro

  2. In re Johns-Manville Corp.

    26 B.R. 420 (Bankr. S.D.N.Y. 1983)   Cited 137 times
    Granting an extension of the stay where two hundred and fifty separate law suits had been filed against twenty-five key officers, directors, employees and agents of the debtor, threatening a "massive drain on [debtor's key operating personnel's] time and energy at this critical hour of plan formulation . . . could frustrate if not doom their vital efforts at formulating a fair and equitable plan of reorganization."

    Moreover, because a stay extension request is deemed a request for a preliminary injunction, see In re Larmar Estates, Inc., supra, a showing of irreparable harm is required to extend the stay pursuant to Section 105 of the Code. See In re Otero Mills, 21 B.R. 777, 778-79 (Bkrtcy.D.N.M. 1982); In re Landmark Air Fund, supra; In re Varisco, 16 B.R. 634, 636 (Bkrtcy.M.D.Fla. 1981); In re Burke, 5 B.R. 368 (Bkrtcy.E.D.Pa. 1980). In the instant proceeding, Manville has failed adequately to demonstrate that it will be irreparably injured if all third party suits against its insurers and sureties, entities totally independent from Manville, proceed.

  3. In re Otero Mills, Inc.

    21 B.R. 777 (Bankr. D.N.M. 1982)   Cited 84 times   1 Legal Analyses
    In Otero Mills, the bankruptcy court permanently enjoined the bank from executing or otherwise collecting on its state court judgment against the president of the debtor, notwithstanding that his liability arose out of his guaranty of the debtor's notes, as distinguished from the situation in the present case where the claim against the Principals arose out of their direct liability under their Note. By focusing on the principal's intention to contribute to Otero's reorganization, the court premised jurisdiction, and the propriety of a § 105 injunction on the general goal of improving the debtor's chance of reorganization.

    Included in this provision is the power to issue injunctions under appropriate circumstances. In re Burke, 2 C.B.C.2d 973, 5 B.R. 368 (Bkrtcy.E.D.Pa. 1980); In re Larmar Estates, Inc., 6 B.C.D. 711, 5 B.R. 328 (Bkrtcy.E.D.N.Y. 1980); Crown Oil Wax Co. of Delaware v. Gilece (In re Gilece), 1 C.B.C.2d 300, 1 B.R. 762 (Bkrtcy.E.D.Pa. 1980); Andrews v. Blue Cross and Blue Shield of Michigan (In re Clawson Medical Rehabilitation and Paincare Center), 4 C.B.C.2d 73, 7 B.C.D. 295, 9 B.R. 644 (Bkrtcy.E.D.Mich. 1981).