green
Positive treatment
Quoted verbatim 5×
10.0 score
“judge brozman correctly held that landlord's termination notice violated the automatic stay ... and was therefore void.”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 21 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
In re Congregation Birchos Yosef
actions taken in violation of the stay are void and without effect
discussed
Cited as authority (quoted)
Sheriden Woods Health Care Center, Inc. v. Floyd (In Re Floyd)
even if creditor had no notice of stay, actions taken in violation of stay are generally void.
discussed
Cited as authority (quoted)
Roofing Concepts, Inc. v. Kenyon Industries, Inc. (In Re Coated Sales, Inc.)
ctions taken in violation of the stay are void and without effect.
discussed
Cited as authority (quoted)
LTV Corp. v. Pension Benefit Guaranty Corp. (In Re Chateaugay Corp.)
judge brozman correctly held that landlord's termination notice violated the automatic stay ... and was therefore void.
discussed
Cited as authority (quoted)
Shimer v. Fugazy (In Re Fugazy Express, Inc.)
judge brozman correctly held that landlords termination notice violated the automatic stay ... and was therefore void.
discussed
Cited "see"
Savage & Associates, P.C. Ex Rel. Teligent, Inc. v. Mandl (In Re Teligent, Inc.)
See 48th Street Steakhouse, Inc. v. Rockefeller Group, Inc. (In re 48th Street Steakhouse, Inc.), 835 F.2d 427, 431 (2d Cir.1987) ("If action taken against the non-bankrupt party would inevitably have an adverse impact on property of the bankrupt estate, then such action should be barred by the automatic stay.”), cert. denied, 485 U.S. 1035 , 108 S.Ct 1596 , 99 L.Ed.2d 910 (1988).
discussed
Cited "see"
In Re Dunlop
In re Atlantic Business & Community Corp., 901 F.2d 325 , 328 (3d Cir.1990); see In re 4.8th Street Steakhouse, Inc., 835 F.2d 427 (2d Cir.1987), cert. denied, 485 U.S. 1035 , 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988).
discussed
Cited "see"
Stoltz v. Brattleboro Housing Authority (In Re Stoltz)
See In re DiCamillo, 206 B.R. at 67 ; In re Morgan, 181 B.R. 579, 585 (Bankr.N.D.Ala.1994); accord 48th Street Steakhouse, Inc. v. Rockefeller Center, Inc., 61 B.R. 182, 187 (Bankr.S.D.N.Y.1986) (“The estate is not confined to property owned by the debtor, for a leasehold or a mere possessory interest falls within section 541.”), aff'd, 77 B.R. 409 (S.D.N.Y.1987), aff'd, 835 F.2d 427 (2d Cir.), cert. denied, 485 U.S. 1035 , 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988).
discussed
Cited "see"
In Re Karfakis
See In re 48th Street Steakhouse, Inc., 61 B.R. 182 (1986), affm’d, 77 B.R. 409 , affm’d, 835 F.2d 427, (2nd Cir.1987), certiorari den’d, 485 U.S. 1035 , 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988); In re Lewis, 15 B.R. 643 (E.D.Pa.1981); In re Mumpfield, 140 B.R. 578 (M.D.Ala.1991).
cited
Cited "see"
In Re Alcom America Corp.
See In re 48th Street Steakhouse, Inc., 835 F.2d 427 (2d Cir. 1987), cert. denied, 485 U.S. 1035 , 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988); see also 1 David G.
cited
Cited "see"
Epstein v. Township of Whitehall
See Donivan v. Dallastown Borough, 835 F.2d 486 (3d Cir.1987), cert. denied, — U.S.-, 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988).
discussed
Cited "see"
Fisher v. Outlet Co. (In Re Denby Stores, Inc.)
See 48th Street Steakhouse, Inc. v. Rockefeller Group, Inc., (In re 48th Street Steakhouse), 835 F.2d 427, 430 (2d Cir.1987), petition for cert. denied, — U.S. -, 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988).
discussed
Cited "see, e.g."
In Re Gold & Honey, Ltd.
See, e.g., 48th Street Steakhouse, Inc. v. Rockefeller Center, Inc., (In re 4.8th Street Steakhouse, Inc.), 61 B.R. 182 (Bankr.S.D.N.Y.1986), aff'd, 835 F.2d 427 (2d Cir.1987), cert, denied, 485 U.S. 1035 , 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988).
discussed
Cited "see, e.g."
Jones v. Cain
(2×)
See Powell v. Washington Land Co., 684 A.2d 769, 774 (D.C.1996) (Schwelb, J. concurring); see also In re 18th Street Steakhouse, Inc., 835 F.2d 427 , 430-431 (2d Cir.1987) (notice of termination of lease affected sublease and therefore violated automatic stay), cert. denied, 485 U.S. 1035 , 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988).
discussed
Cited "see, e.g."
Am-Haul Carting, Inc. v. Contractors Casualty & Surety Co.
See, e.g., In re 48th Street Steakhouse, Inc., 835 F.2d 427 , 431 (2nd Cir.1987) (“Actions taken in violation of the stay are void and without effect”), cert. denied, 485 U.S. 1035 , 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988).
discussed
Cited "see, e.g."
Bidermann Industries U.S.A., Inc. v. Zelnik (In Re Bidermann Industries U.S.A., Inc.)
See, e.g., 48th Street Steakhouse, Inc. v. Rockefeller Group, Inc. (In re 48th Street Steakhouse, Inc.), 835 F.2d 427 (2d Cir.1987), cert. denied, 485 U.S. 1035 , 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988).
discussed
Cited "see, e.g."
Morgan Stanley Mortgage Capital Inc. v. Insurance Commissioner of the California
Compare In re 48th Street Steakhouse, Inc., 835 F.2d 427 , 431 (2d Cir.1987) ("[W]here a non-debtor’s interest in property is intertwined ... with that of a bankrupt debtor [and] [i]f action taken against the non-bankrupt party would inevitably have an adverse impact on property of the bankrupt estate, then such action should be barred by the automatic stay.”), cert. denied, 485 U.S. 1035 , 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988); A.H.
discussed
Cited "see, e.g."
Reynolds v. Borough of Avalon
See also Donivan v. Dallastown Borough, 835 F.2d 486 (3d Cir.1987) (borough council’s abolition of the police force through vote rather than through enactment of an ordinance in accordance with the Borough Code did not constitute legislative activity to which immunity would attach), cert. denied, 485 U.S. 1035 , 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988).
discussed
Cited "see, e.g."
Olson v. United States
However, this Court further finds that the Bankruptcy Court was correct in its subsequent legal conclusion that the assessment under § 6672 was void and without effect because it was made in violation of the automatic stay imposed by 11 U.S.C. § 362 . 4 “In general, actions taken in violation of the stay will be void even where there was no actual notice of the existence of the stay.” 2 Collier on Bankruptcy it 362.03 (1991); see also In re 48th Street Steakhouse, Inc., 835 F.2d 427 (2d Cir.1987), ce rt. denied 485 U.S. 1035 , 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988) and Morgan Guaranty Tr…
discussed
Cited "see, e.g."
Funding Systems Asset Management Corp. v. Chemical Business Credit Corp. (In Re Funding Systems Asset Management Corp.)
In re Babco, 28 B.R. 656, 658 (W.D.Pa.1983); see also, In re 48th Street Steakhouse, Inc., 61 B.R. 182, 187 (Bankr.S.D.N.Y.1986), aff'd, 77 B.R. 409 (S.D.N.Y.1987), aff'd, 835 F.2d 427 (2nd Cir.), cert. den., 485 U.S. 1035 , 108 *511 S.Ct. 1596, 99 L.Ed.2d 910 (1988).
discussed
Cited "see, e.g."
Pension Benefit Guaranty Corp. v. LTV Corp. (In Re Chateaugay Corp.)
Cases interpreting section 362(a)(3), therefore, “have generally involved direct action taken by creditors against a debtor’s personal or real property.” Id. at 779 ; see, e.g., In re 48th Street Steakhouse, Inc., 61 B.R. 182, 187 (Bankr.S.D.N.Y.1986), aff'd, 77 B.R. 409 (S.D.N.Y.), aff'd, 835 F.2d 427 (2d Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 1596 , 99 L.Ed.2d 910 (1988) (cancellation of debtor’s lease); In re Tel-A-Communications Consultants, Inc., 50 B.R. 250 (Bankr.D.Conn.1985) (repossession of debtor’s vehicle); Proyectos Electronicos, S.A. v. Alper, 37 B.R. 931, 932 (E…
Retrieving the full opinion text from the archive…
Rockefeller Group, Inc.
v.
48th Street Steakhouse, Inc.
v.
48th Street Steakhouse, Inc.
No. 87-1554.
Supreme Court of the United States.
May 2, 1988.
Cited by 13 opinions | Published
C. A. 2d Cir. Certiorari denied.