Topic: it is universally acknowledged that an automatic stay of pr… · Go Syfert
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Topic #5804

5 canonical passages across 4 cases, quoted by 59 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 United States Court of Appeals, Sixth Circuit.

#Case FlagCanonical passage Citers
1 United States Court of Appeals, Sixth Circuit Anchor
ca6 · 1983
green “it is universally acknowledged that an automatic stay of proceeding accorded by 362 may not be invoked by entities such as sureties, guarantors, co-obligors, or others with a similar legal or factual nexus to the chapter 11 debtor.” 16
2 In Re National Staffing Services, LLC
ohnb · 2005
green “such extensions, although referred to as extensions of the automatic stay, were in fact injunctions issued by the bankruptcy court after hearing and the establishment of unusual need to take this action to protect the administration of the bankruptcy estate.” 13
3 In Re: National Century Financial Enterprises, Inc., Debtor. Amedisys, Inc. v. National Century Financial Enterprises, Inc.
ca6 · 2005
green “when the bankruptcy court enjoins an action under 105(a) it must it consider the four preliminary injunction factors, and apply a standard of clear and convincing evidence” 11
4 Gatx Aircraft Corporation v. M/v Courtney Leigh, and Bryan Dedeker, Mrs. Bryan Dedeker, Ray Loden, Mrs. Ray Loden and P.T. Bailey, Inc.
ca5 · 1985
green “by its terms the automatic stay applies only to the debtor, not to co-debtors under chapter 7 or chapter 11 of the bankruptcy code nor to co-tortfeasors.” 10
5 Gatx Aircraft Corporation v. M/v Courtney Leigh, and Bryan Dedeker, Mrs. Bryan Dedeker, Ray Loden, Mrs. Ray Loden and P.T. Bailey, Inc.
ca5 · 1985
green “it is universally acknowledged that an automatic stay of proceeding accorded by 362 may not be invoked by entities such as sureties, guarantors, co-obligors, or others with a similar legal or factual nexus to the chapter 11 debtor.” 9

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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