Topic: the automatic stay can apply to non-debtors, but normally d… · Go Syfert
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Topic #3809

6 canonical passages across 4 cases, quoted by 129 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Queenie, Ltd. v. Nygard International.

#Case FlagCanonical passage Citers
1 Queenie, Ltd. v. Nygard International Anchor
ca2 · 2003
green “the automatic stay can apply to non-debtors, but normally does so only when a claim against the non-debtor will have an immediate adverse economic consequence for the debtor's estate.” 66
2 Teachers Insurance & Annuity Ass'n v. Butler
ca2 · 1986
green “it is well-established that stays pursuant to 362(a) are limited to debtors and do not encompass non-bankrupt co-defendants.” 34
3 Queenie, Ltd. v. Nygard International
ca2 · 2003
green “a suit against a codefendant is not automatically stayed by the debtor's bankruptcy filing.” 13
4 Gray v. Hirsch
nysd · 1999
green “the question is whether the action against the non-debtor is sufficiently likely to have a 'material effect upon . . . reorganization efforts,' that debtor protection requires an exception to the usual limited scope of the stay.” 7
5 In Re: Eileen Fogarty
ca2 · 2022
green “the bankruptcy code's automatic stay provisions, set forth in section 362, protect bankruptcy estates by restraining any formal or informal action or legal proceeding that might dissipate estate assets or interfere with the trustee's orderly administration of the estate.” 7
6 Queenie, Ltd. v. Nygard International
ca2 · 2003
green “immediate adverse economic consequences” 2

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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