green
Positive treatment
38.2 score
G Cite
cited 2× by 2 distinct cases, last quoted 2001 · 2 courts ·
…the trustee ... must be named as a party defendant in an action seeking to proceed against assets of the estate.
at p. 202
⚠ not in text
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 34 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Smallhold, Inc.
The Court appreciates the supplemental submissions. 75 11 U.S.C. § 362 (a)(1), (3). 76 Bellini Imports, Ltd. v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201-202 (4th Cir. 1991) (collecting cases); Turner Broadcasting Sys., Inc. v. Sanyo Elec., Inc., 33 B.R. 996, 999-1000 (N.D.
discussed
Cited as authority (rule)
Mountain Meadow Mushroom Farms v. SMALLHOLD, INC.
The Court appreciates the supplemental submissions. 75 11 U.S.C. § 362 (a)(1), (3). 76 Bellini Imports, Ltd. v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201-202 (4th Cir. 1991) (collecting cases); Turner Broadcasting Sys., Inc. v. Sanyo Elec., Inc., 33 B.R. 996, 999-1000 (N.D.
discussed
Cited as authority (rule)
Smallhold, Inc. v. Mountain Meadow Mushroom Farms
The Court appreciates the supplemental submissions. 75 11 U.S.C. § 362 (a)(1), (3). 76 Bellini Imports, Ltd. v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201-202 (4th Cir. 1991) (collecting cases); Turner Broadcasting Sys., Inc. v. Sanyo Elec., Inc., 33 B.R. 996, 999-1000 (N.D.
discussed
Cited as authority (rule)
Smallhold, Inc.
The Court appreciates the supplemental submissions. 75 11 U.S.C. § 362 (a)(1), (3). 76 Bellini Imports, Ltd. v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201-202 (4th Cir. 1991) (collecting cases); Turner Broadcasting Sys., Inc. v. Sanyo Elec., Inc., 33 B.R. 996, 999-1000 (N.D.
discussed
Cited as authority (rule)
Smallhold, Inc. v. Mountain Meadow Mushroom Farms
The Court appreciates the supplemental submissions. 75 11 U.S.C. § 362 (a)(1), (3). 76 Bellini Imports, Ltd. v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201-202 (4th Cir. 1991) (collecting cases); Turner Broadcasting Sys., Inc. v. Sanyo Elec., Inc., 33 B.R. 996, 999-1000 (N.D.
discussed
Cited as authority (rule)
Mountain Meadow Mushroom Farms v. SMALLHOLD, INC.
The Court appreciates the supplemental submissions. 75 11 U.S.C. § 362 (a)(1), (3). 76 Bellini Imports, Ltd. v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201-202 (4th Cir. 1991) (collecting cases); Turner Broadcasting Sys., Inc. v. Sanyo Elec., Inc., 33 B.R. 996, 999-1000 (N.D.
discussed
Cited as authority (rule)
Cerroni v. Morris
It does not include actions arising post-petition.’”31 26 Black v. M & W Gear Co., 269 F.3d 1220, 1227 (10th Cir. 2001) (quoting Coletti v. Cudd Pressure Control, 165 F.3d 767, 777 (10th Cir. 1999)). 27 In re Utah Aircraft All., 342 B.R. 327, 331 (B.A.P. 10th Cir. 2006) (quoting Moothart v. Bell, 21 F.3d 1499, 1504 (10th Cir. 1994)). 28 Id. (citing Kiowa Indian Tribe of Oklahoma v. Hoover, 150 F.3d 1163, 1165 (10th Cir. 1998)). 29 In re Busch, 294 B.R. 137, 140 (B.A.P. 10th Cir. 2003) (citing Fortier v. Dona Anna Plaza Partners, 747 F.2d 1324, 1330 (10th Cir. 1984)). 30 Pursifull v. Eakin,…
discussed
Cited as authority (rule)
Fuller v. Jumpstar Logistics
Co., 777 F.2d at 996 (“The stay simply does not apply to post- bankruptcy events.”); see also Campbell, 545 F.3d at 353 ; In re Gull Air, Inc., 890 F.2d 1255, 1263 (1st Cir. 1989); Bellini Imports, Ltd. v. Mason & Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir. 1991); Taylor v. First Fed.
discussed
Cited as authority (rule)
Franco v. Franco (In re Franco)
See Smith v. United Parcel Service, 578 Fed.Appx. 755 (10th Cir. 2014) (trustee was real party in interest and only one who could prosecute claims of the estate); Bellini Imports, Ltd. v. Mason and Dixon Lines, Inc., 944 F.2d 199, 200-01 (4th Cir. 1991) (judgment not enforceable against trustee or assets of estate where stay was in place and trustee was not named defendant).
discussed
Cited as authority (rule)
Thuesen v. Amerisure Insurance Co.
See Campbell v. Countrywide Home Loans, Inc., 545 F.3d 348, 353 (5th Cir.2008) (stating that bankruptcy stay does not apply to claims that arise post-petition); Bellini Imports, Ltd. v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir.1991) (holding that bankruptcy stay does not apply to actions arising post-petition); Clarke v. Hunters Glen Community Ass’n, No. 14-03-00971-CV, 2004 WL 1313294 , at *2 (Tex.App. — Houston [14th Dist.] June 15, 2004, no pet.) (stating that bankruptcy stay does not apply to claims asserted by the bankruptcy debtor) (mem.op.).
discussed
Cited as authority (rule)
San Bernardino City Professional Firefighters Local 891 v. City of San Bernardino (In re City of San Bernardino)
First, the Union argues that the automatic stay provision in section 362(a) “is limited to actions that could have been instituted before the petition was filed or that are based on claims that arose before the petition was filed” and “does not include actions arising post-petition.” (Id. at 10 [quoting Bellini Imports, Ltd. v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir.1991) ].) Second, the Union claims that “section 362(a)(3) does not provide protection for the debtor” but “enjoins acts against ‘property of the estate.’ ” (Id. at 9.) “A ‘debtor’ and the…
cited
Cited as authority (rule)
Garrett v. Cook
It does not include actions arising post-petition.” Bellini Imports, Ltd. v. Mason & Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir.1991) (citation omitted).
cited
Cited as authority (rule)
Cano v. GMAC Mortgage Corp. (In Re Cano)
Ltd. v. Mason & Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir.1991)).
discussed
Cited as authority (rule)
McCaull v. Manchester
Bellini Imports, Ltd. v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201-02 (4th Cir. 1991) (The trustee must be named as the party defendant in an action to proceed against assets of the estate.). .
discussed
Cited as authority (rule)
McCaull v. Manchester
Bellini Imports, Ltd. v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201-02 (4th Cir. 1991) (The trustee must be named as the party defendant in an action to proceed against assets of the estate.). .
discussed
Cited as authority (rule)
Padilla v. Wells Fargo Home Mortgage, Inc. (In Re Padilla)
The stay, however, does not operate to stay proceedings or claims that arise post-petition unless the creditor seeks to enforce such claims against property of the estate. 11 U.S.C. § 362 (a); 3 Collier On Bankruptcy, ¶ 362.03(3)(c) (15th ed. rev. 2006) (citing Bellini Imports Ltd. v. Mason & Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir.1991)). 1.
discussed
Cited as authority (rule)
Campbell v. Countrywide Home Loans, Inc. (In Re Campbell)
The stay, however, does not operate to stay proceedings or claims that arise post-petition unless the creditor seeks to enforce such claims against property of the estate. 11 U.S.C. § 362 (a); 3 Collier on Bankruptcy 11362.03[3][c] (15th ed. rev. 2006) (citing Bellini Imports Ltd. v. Mason & Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir.1991)).
cited
Cited as authority (rule)
National City Bank v. Lapides (In Re Transcolor Corp.)
In any event, the automatic stay does not bar the assertion of postpetition causes of action against Alleco, Inc. Bellini Imports v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir.1991).
discussed
Cited as authority (rule)
Groner v. Miller (In Re Miller)
(2×)
also: Cited "see"
Bellini Imports, Ltd. v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir.1991) (automatic stay does not apply to actions arising post-petition); see also Montclair Property Owners Assn., Inc. v. Reynard (In re Reynard), 250 B.R. 241, 244-45 (Bankr.E.D.Va.2000) (in Chapter 13 case, the automatic stay does not prevent commencement of an action to collect a post-petition debt, although creditor cannot pursue property of the debtor’s estate); In re Henline, 242 B.R. 459, 467 (Bankr.D.Minn.1999) (in Chapter 13 case, the automatic stay “does not prohibit a creditor from collecting a post…
cited
Cited as authority (rule)
In Re Bottone
Bellini Imports, Ltd. v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir.1991); see also Fazio v. Growth Dev.
discussed
Cited as authority (rule)
In Re Jason Pharmaceuticals, Inc.
“The stay is limited to actions that could have been instituted before the petition was filed or that are based on claims that arose before the petition was filed.... [It] is also applicable to ‘any act to obtain possession of property of the estate or of property from the estate’ and to ‘any act to create, perfect, or enforce any lien against property of the estate.’ ” Bellini Imports, Ltd. v. Mason & Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir.1991) (quoting 11 U.S.C. § 362 (a)(3)-(4)); see generally 3 Lawrence P. King et al., Collier on Bankruptcy ¶ 362.01, at 362-11 (15th e…
discussed
Cited as authority (rule)
Moore v. Harrell (In Re Harrell)
As representative of the estate, “[t]he trustee ... must be named as a party defendant in an action seeking to proceed against assets of the estate.” Bellini Imports, Ltd. v. The Mason Dixon Lines, Inc., 944 F.2d 199, 202 (4th Cir.1991).
discussed
Cited as authority (rule)
Martino v. First National Bank of Harvey (In Re Garofalo's Finer Foods, Inc.)
Rather, it protects and preserves the value of a chapter 11 estate against post-petition creditors who, without court approval, seek to take the property of the estate in satisfaction of their post-petition claims. 17 See National Tax Credit Partners, L.P. v. Havlik, 20 F.3d 705, 707 (7th Cir.1994) (section 362(a)(3) encompasses every effort to “exercise control over the estate”); Bellini Imports, Ltd. v. Mason & Dixon Lines, 944 F.2d 199, 201 (4th Cir.1991) (a judgment obtained as a result of a post-petition claim is subject to sections 362(a)(3) and 362(a)(4) such that a creditor must ob…
cited
Cited as authority (rule)
Maria Vega, Eva Trevino, on Behalf of Herself and as Next Friend of Pedro Trevino v. John W. Gasper
Bellini Imports v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201-02 (4th Cir.1991).
cited
Cited as authority (rule)
Maria Vega, Eva Trevino v. John W. Gasper
Bellini Imports v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201-202 (4th Cir. 1991).
discussed
Cited as authority (rule)
Fazio v. Growth Development Corp. (In Re Growth Development Corp.)
Bellini Imports, Ltd. v. Mason & Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir.1991) (§ 362(a)(3) prevents attachment or execution of postpetition judgment); In re Woodall, 81 B.R. 17, 18 (Bankr.E.D.Ark.1987) (automatic stay prevents postpetition creditors from taking action against property of the estate); In re Dakota Indus., Inc., 31 B.R. 23, 25 (Bankr.D.S.D.1983) (automatic stay prevents enforcement of postpetition unsecured claim); see also National Tax Credit Partners, L.P. v. Havlik, 20 F.3d 705, 707-08 (7th Cir.1994) (noting that § 362(a)(3) encompasses every effort to exercise contr…
discussed
Cited "see"
Larami Ltd. v. Yes! Entertainment Corp.
See Bellini Imports v. Mason and Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir.l991)("Because attachment or execution of a judgment obtained as a result of a post-petition claim would fall within the stay provision of subsections 362(a)(3) and (4), a creditor must obtain relief from the stay to satisfy a judgment against property of the bankruptcy estate.”). 5 .
discussed
Cited "see"
Hutson v. American Preferred
(2×)
See Bellini Imports, Ltd. v. Mason & Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir. 1991) (citing 2 Collier on Bankruptcy § 362.04(1) (L.
cited
Cited "see, e.g."
In re Qimonda AG
See also Bellini Imports, 944 F.2d at 201 (applying the same principle under 11 U.S.C. § 362 (a)(3) and (4)).
discussed
Cited "see, e.g."
Rodriguez v. Biltoria Realty LLC
Frenville Co., Inc., 744 F.2d 332, 335 (3d Cir.1984) (holding automatic stay inapplicable to debtor when plaintiff filed civil action against debtor after debt- or filed for bankruptcy); see also Bellini Imports, Ltd. v. Mason & Dixon Lines, Inc., 944 F.2d 199, 201 (4th Cir.1991) (breach of contract action against freight company debtor for damages resulting from delayed shipment not stayed when damages arose post-petition); In re Gull Air, Inc., 890 F.2d 1255, 1263 (1st Cir.1989) (Federal Aviation Administration’s action to withdraw Gull Air’s arrival and departure slots for non-use after…
discussed
Cited "see, e.g."
Acstar Insurance Co v. Harden
See also Bellini Imports, Ltd. v. Mason & Dixon Lines, Inc., 944 F.2d 199, 202 (4th Cir.1991) (“The trustee ... must be named as a party defendant in an action seeking to proceed against assets of the estate.” (citations omitted)).
discussed
Cited "see, e.g."
Tom Lange Co. v. Kornblum & Co. (In Re Kornblum & Co.)
The trustee clearly possesses an interest in the Units and any disposition in his absence would impair his ability to protect that interest. 3 See Fed R.Bankr.P. *191 7019; see also Bellini Imports v. Mason & Dixon Lines, Inc., 944 F.2d 199, 201-02 (4th Cir.1991).
discussed
Cited "see, e.g."
Lombardo v. Gerard
See also Bellini Imports, Ltd. v. The Mason and Dixon Lines, 944 F.2d. 199, 201 (4th Cir. 1991) (relief from the automatic stay provisions of §§ 362[a][3] and [4] is required to satisfy a judgment against property of the bankruptcy estate on a postpetition claim).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Gene Ellis WILLIAMS, A/K/A Glenn, Defendant-Appellant
v.
Gene Ellis WILLIAMS, A/K/A Glenn, Defendant-Appellant
91-6758.
Court of Appeals for the Fourth Circuit.
Sep 11, 1991.
Published
ORDER
Upon reconsideration of appellant’s petition for rehearing, supplemental petition for rehearing, and suggestion for rehearing in banc, and upon consideration of ap-pellee’s response, the panel is of the opinion that the supplemental petition should be granted insofar as it challenges the imposition of multiple convictions and sentences under 21 U.S.C. §§ 846 and 848.
IT IS THEREFORE ORDERED that the conviction and sentence imposed on count one charging conspiracy under 21 U.S.C. § 846 is vacated.
IT IS FURTHER ORDERED that the petition for rehearing and supplemental petition for rehearing are otherwise denied. No member of this Court or the panel has requested a poll on the suggestion for rehearing in banc, and it also is denied.