Credit All. Corp. v. Gary L. Williams, & Penn Hook Coal Co., Inc. Malcolm C. Williams, Jr., 851 F.2d 119 (4th Cir. 1988). · Go Syfert
Credit All. Corp. v. Gary L. Williams, & Penn Hook Coal Co., Inc. Malcolm C. Williams, Jr., 851 F.2d 119 (4th Cir. 1988). Cases Citing This Book View Copy Cite
“congress knew how to extend the automatic stay to non-bankrupt parties when it intended to do so....a reading of 362 restricting a creditor's ability to proceed against its guarantor would eliminate the protection of assured creditors contemplated by the bankruptcy code.”
134 citation events (68 in the last 25 years) across 51 distinct courts.
Strongest positive: 7-Eleven, Inc. v. Sisara LLC (vawd, 2025-08-26)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) 7-Eleven, Inc. v. Sisara LLC
W.D. Va. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
congress knew how to extend the automatic stay to non-bankrupt parties when it intended to do so....a reading of 362 restricting a creditor's ability to proceed against its guarantor would eliminate the protection of assured creditors contemplated by the bankruptcy code.
examined Cited as authority (verbatim quote) Crescom Bank v. Terry (3×) also: Cited as authority (rule)
D.S.C. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is unnecessary to stay proceedings ... against the non-bankrupt guarantor to protect or to prevent the dissipation of its assets, since neither nor its estate is jeopardized by the judgment against .
discussed Cited as authority (quoted) Capital Fin., LLC v. Rosenberg
D. Maryland · 2019 · quote attribution · 1 verbatim quote · confidence low
the very purpose of a guaranty is the assure the that in the event that the defaults, the will have someone to look to for reimbursement.
discussed Cited as authority (rule) Financial Pacific Leasing, Inc. v. Smoove and Easy Delivery Company LLC (2×)
W.D. Va. · 2025 · confidence medium
Corp. v. Williams, 851 F.2d 119, 121 (4th Cir. 1988) (“Congress knew how to extend the automatic stay to non-bankrupt parties when it intended to do so....
cited Cited as authority (rule) Calvin Ray Kennedy
Bankr. W.D.N.C. · 2023 · confidence medium
Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir. 1988).
discussed Cited as authority (rule) Nike USA, Inc. v. First to the Finish Real Estate LLC
C.D. Ill. · 2022 · confidence medium
Generally, automatic stays under § 362 apply only to the debtor in bankruptcy and “do[] not bar actions against a debtor’s insurers, guarantors, or sureties.” Id. (citing 11 U.S.C. § 362 (a) and Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir. 1988)).
discussed Cited as authority (rule) Greenline Community Growth Fund LLC v. Klausner Holding USA LLC
D.S.C. · 2022 · confidence medium
D.S.C. 2013) (citing Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir, 1988)) (“The automatic stay provision applies to judicial proceedings and enforcement of judgments against only the debtor, not third-party defendants or co-defendants.”). proceedings2 requiring Defendant to appear before this Court for the purpose of discovering property that is not exempt from execution to be applied toward satisfaction of the judgment entered against it in this case.
discussed Cited as authority (rule) Havens Vs. Kurian (2×)
Nev. · 2021 · confidence medium
Co., Inc. v. United Jersey Bank, 959 F.2d 1194, 1204-05 (3d Cir. 1992) (stating that automatic stay is not available to nondebtor codefendants, even if they share a similar legal or factual nexus with the debtor); Credit Alliance Corp. v. Williams, 851 F.2d 119, 121-22 (4th Cir. 1988) (stating that automatic stay did not apply to action against nondebtor guarantor of debtor's obligation); Ingersoll-Rand Financial Corp. v. Miller Min.
discussed Cited as authority (rule) Zilkha Biomass Selma LLC
Bankr. S.D. Ala. · 2021 · confidence medium
Ala. 1984)(determining §362(a) does not extend a stay to co-signers and guarantors of chapter 11 debtor and therefore considering relief from stay as to such non-debtors unnecessary); Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th 2 Section 1301 provides in pertinent part, “ . . .(a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, …
discussed Cited as authority (rule) Zilkha Biomass Selma LLC
Bankr. S.D. Ala. · 2021 · confidence medium
Ala. 1984)(determining §362(a) does not extend a stay to co-signers and guarantors of chapter 11 debtor and therefore considering relief from stay as to such non-debtors unnecessary); Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th 2 Section 1301 provides in pertinent part, “ . . .(a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, …
cited Cited as authority (rule) Fidus Investment Corporation v. McCollum
W.D.N.C. · 2020 · confidence medium
Corp. v. Williams, 851 F.2d 119, 121 (4th Cir. 1988).
discussed Cited as authority (rule) MacBagito v. Crosby Corporation
D. Maryland · 2020 · confidence medium
Corp. v. Williams, 851 F.2d 119, 121 (4th Cir. 1988) (stating “Congress knew how to extend the automatic stay to non-bankrupt parties when it intended to do so.
discussed Cited as authority (rule) Spirit Commercial Auto Risk Retention Group v. Shreve
N.D.W. Va. · 2019 · confidence medium
Only in “unusual circumstances” may a court “properly stay proceedings against non-bankrupt codefendants of the bankrupt debtor.” Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir. 1988) (citing A.H.
discussed Cited as authority (rule) In re Terry Properties, LLC
Bankr. W.D. Va. · 2017 · confidence medium
As stated in Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir. 1988), “Congress knew how to extend the automatic stay to non-bankrupt parties when it intended to do so.” Since the automatic stay does not apply, the Debtor must find support elsewhere.
discussed Cited as authority (rule) Southwest Airlines Co. v. Tidewater Finance Co. (In re Cole)
Bankr. N.D. Ga. · 2016 · confidence medium
In re Williams, 851 F.2d 119, 121-22 (4th Cir.1988); Lynch v. Johns-Manville Sales Corp., 710 F.2d 1194 (6th Cir.1983)(“It is universally acknowledged that the automatic stay ... may not be invoked by entities such as sureties, guarantors, co-obligors or others with a similar legal or factual nexus to the ... debtor.”); CresCom Bank v. Terry, 499 B.R. 494 (D S C.2013); In re Colony Beach, No. 8:13-bk-348KRM, 2015 WL 1281825 (Bankr.M.D.Fla.
discussed Cited as authority (rule) Whitman-Nieves v. Puerto Rico Federal Credit Union (In re Whitman-Nieves)
Bankr. D.P.R. · 2014 · confidence medium
In Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988), the U.S. Court of Appeals for the Fourth Circuit explained that: Nothing in § 362 suggests that Congress intended that provision to strip from the creditors of a bankrupt debtor the protection they sought and received when they required a third party to guaranty the debt.
discussed Cited as authority (rule) In re Brier Creek Corporate Center Associates Ltd.
Bankr. E.D.N.C. · 2013 · confidence medium
The Fourth Circuit in both cases explicitly recognized that the facts before it did not present “unusual circumstances.” Winters, 94 F.3d at 134 (“This case does not present such an unusual situation.”); Credit Alliance, 851 F.2d at 121-122 (stating “[tjhere is nothing ‘unusual’ about this guaranty agreement that would permit the guarantor ... to invoke the statutory protection of § 362” and “neither Penn Hook [the debtor] nor its estate is jeopardized by the judgment against Williams [the guarantor]”).
discussed Cited as authority (rule) Fleisher v. Southern AgCredit
Miss. Ct. App. · 2012 · confidence medium
As a consequence, “[i]t is universally acknowledged that an automatic stay of proceedings 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 ... debtor.” Id. at 1205 (quoting Lynch v. Johns-Manville Sales Corp., 710 F.2d 1194, 1196-97 (6th Cir.1983)); see also United States v. Dos Cabezas Corp., 995 F.2d 1486, 1491-93 (9th Cir.1993) (holding that stay does not preclude government from pursuing deficiency judgment against nondebtor cosignors of promissory note); Croyden Assocs. v. Alleco, Inc., …
discussed Cited as authority (rule) McGinn, Smith & Co. v. Chang
pactcomplphilad · 2010 · confidence medium
This rule helps to insure that creditors obtain “the protection they sought and received when they required a third party to guaranty the debt.” Id. at 510 (quoting Credit Alliance Corp. v. Williams, 851 F.2d 119,121 (4th Cir. 1988).
discussed Cited as authority (rule) Schumacher v. White
E.D.N.Y · 2010 · confidence medium
“The Bankruptcy Code contemplates that creditors will be able to proceed against the guarantors and codebtors notwithstanding the automatic stay” on the property of the estate, United States v. Dos Cabezas Corp., 995 F.2d 1486 (9th Cir.1993) (citing Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988)), and thus will be able to proceed outside of the bankruptcy court’s jurisdiction. 3 Moreover, White’s claim against third-party defendants for indemnification is not ripe — such claim will not arise until White is found liable to plaintiff on the Guaranty.
discussed Cited as authority (rule) In Re Riverfront Properties, LLC
Bankr. D.S.C. · 2009 · confidence medium
Such unusual circumstances might arise where “there is such identity between the debtor and the third-party defendant that the debtor may be said to be the real party defendant and that a judgment against the third-party defendant will in effect be a judgment or finding against the debtor,” or where proceedings against nondebtor co-defendants would reduce or diminish “the property of the debtor [such as the debtor’s insurance fund or pool] to the detriment of the debtor’s creditors as a whole.” Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988) (citations omitted).
discussed Cited as authority (rule) Edwards v. Ghandour
Nev. · 2007 · confidence medium
Co., Inc. v. United Jersey Bank, 959 F.2d 1194, 1204-05 (3d Cir. 1992) (stating that automatic stay is not available to nondebtor codefendants, even if they share a similar legal or factual nexus with the debtor); Credit Alliance Corp. v. Williams, 851 F.2d 119, 121-22 (4th Cir. 1988) (stating that automatic stay did not apply to action against nondebtor guarantor of debtor’s obligation); Ingersoll-Rand Financial Corp. v. Miller Min.
discussed Cited as authority (rule) Chase Manhattan Mortgage Corp. v. Cordero
S.D. Fla. · 2007 · confidence medium
As explained by the Fourth Circuit in Credit Alliance Corp. v. Williams, 851 F.2d 119, 121-22 (4th Cir.1988), a primary rationale for refusing to extend the automatic stay to nonbankrupt third parties is to insure that creditors obtain “the protection they sought and received when they required a third party to guaranty the debt.” IV.
discussed Cited as authority (rule) Greer v. Hartford Life & Accident Insurance
4th Cir. · 2003 · confidence medium
We have previously stated that “the plain language of § 362 ... provides only for the automatic stay of judicial proceedings and enforcement of judgments against the *666 debtor or the property of the estate.” Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988) (quotation marks omitted).
cited Cited as authority (rule) Property Movers, L.L.C. v. Goodwin
4th Cir. · 2002 · confidence medium
Credit Alliance Corp. v. Williams, 851 F.2d 119, 122 (4th Cir.1988).
discussed Cited as authority (rule) United States v. Washington International Insurance (2×) also: Cited "see"
Ct. Intl. Trade · 2001 · confidence medium
Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988).
cited Cited as authority (rule) United States Ex Rel. Bondy v. Consumer Health Foundation
4th Cir. · 2001 · confidence medium
Indeed, for purposes of res judicata, default judgments are considered to be “on the merits.” Credit Alliance Corp. v. Williams, 851 F.2d 119, 122 (4th Cir.1988).
discussed Cited as authority (rule) In Re Sunbeam Securities Litigation
S.D. Fla. · 2001 · confidence medium
Croix Hotel Corp., 682 F.2d 446, 448 (3d Cir.1982) (citation omitted)); United States v. Dos Cabezas Corp., 995 F.2d 1486, 1491-93 (9th Cir.1993) (holding that a stay does not preclude the government from pursuing a deficiency judgment against the non-debtor co-signors of a promissory note); Croyden Assocs. v. Alleco, Inc., 969 F.2d 675 , 677 (8th Cir.1992) (refusing to extend a stay to claims against solvent co-defendants), cert. denied sub nom., Harry and Jeanette Weinberg Foundation, Inc. v. Croyden Assocs., 507 U.S. 908 , 113 S.Ct. 1251 , 122 L.Ed.2d 650 (1993); Credit Alliance Corp. v. Wi…
discussed Cited as authority (rule) ca3 1997
3rd Cir. · 1997 · confidence medium
As a consequence, "[i]t is universally acknowledged that an automatic stay of proceedings 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 ... debtor." Id. at 1205 (quoting Lynch v. Johns-Manville Sales Corp., 710 F.2d 1194, 1196-97 (6th Cir.1983)); see also United States v. Dos Cabezas Corp., 995 F.2d 1486, 1491-93 (9th Cir.1993) (holding that stay does not preclude government from pursuing deficiency judgment against nondebtor cosignors of promissory note); Croyden Associates v. Alleco, Inc., 9…
discussed Cited as authority (rule) McCartney v. Integra National Bank North (2×)
3rd Cir. · 1997 · confidence medium
As a consequence, “[i]t is universally acknowledged that an automatic stay of proceedings 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 ... debtor.” Id. at 1205 (quoting Lynch v. Johns-Manville Sales Corp., 710 F.2d 1194, 1196-97 (6th Cir.1983)); see also United States v. Dos Cabezas Corp., 995 F.2d 1486, 1491-93 (9th Cir.1993) (holding that stay-does not preclude government from pursuing deficiency judgment against nondebtor cosig-nors of promissory note); Croyden Associates v. Alleco, In…
discussed Cited as authority (rule) In Re the Medicine Shoppe
Bankr. N.D. Ill. · 1997 · confidence medium
However, §§ 502 and 509 of the Bankruptcy Code do permit a guarantor to elect between a claim for reimbursement under § 502 or subrogation under § 509. 3 Collier on Bankruptcy, § 509.03[1] (15th Ed.1996); Erin Food Services, 980 F.2d at 803 n. 19; Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988); In re Richardson, 193 B.R. 378, 380-81 (D.D.C.1995).
cited Cited as authority (rule) Catherine Norwood Winters, Acting by and Through Her Attorney-In-Fact, Toni Louise McMahon v. George Mason Bank Robert O. Tyler, Trustee
4th Cir. · 1996 · confidence medium
Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988).
discussed Cited as authority (rule) In Re Wizard Software, Inc.
Bankr. E.D. Va. · 1995 · confidence medium
See, e.g., In re Grimm, 168 B.R. 102 (Bankr.E.D.Va.1994); Kugler, supra, 170 B.R. at 301, n. 13 (res judicata ordinarily attaches to default judgments); Credit Alliance Corp. v. Williams, 851 F.2d 119, 122 (4th Cir.1988) (“The default judgment constitutes a final judgment on the merits, and the principles of res judicata preclude [the guarantor from] raising defenses that he could have raised in the New York action”); Kelleran v. Andrijevic, 825 F.2d 692 (2d Cir.1987), cert. denied 484 U.S. 1007 , 108 S.Ct. 701 , 98 L.Ed.2d 652 (1988) (Bankruptcy court *518 in passing on objection to claim…
cited Cited as authority (rule) Veeco Investment Co. v. Mercantile National Bank of St. Louis, N.A. (In Re Veeco Investment Co.)
Bankr. E.D. Mo. · 1993 · confidence medium
Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988).
cited Cited as authority (rule) Bankr. L. Rep. P 75,305 United States of America v. Dos Cabezas Corp., an Arizona Corporation State of Arizona Department of Economic Security
9th Cir. · 1993 · confidence medium
Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988).
cited Cited as authority (rule) F.T.L., Inc. v. Crestar Bank (In Re F.T.L. Inc.)
Bankr. E.D. Va. · 1993 · confidence medium
Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988).
cited Cited as authority (rule) In Re Kirby
Bankr. M.D. Tenn. · 1992 · confidence medium
Torrez, 132 B.R. at 938 -39 (citing Credit Alliance v. Williams, 851 F.2d 119, 121 (4th Cir.1988)).
discussed Cited as authority (rule) ca3 1991
3rd Cir. · 1991 · confidence medium
See Martin-Trigona v. Champion Federal Savings and Loan Ass'n, 892 F.2d 575, 577 (7th Cir.1989) (automatic stay applies to "actions against the bankrupt or to seizures of property of the bankrupt.") (emphasis added); Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988) (same); MacArthur Co. v. Johns-Manville Corp., 837 F.2d 89, 92 (2d Cir.) (same), cert. denied, 488 U.S. 868 , 109 S.Ct. 176 , 102 L.Ed.2d 145 (1988).
discussed Cited as authority (rule) Borman v. Raymark Industries, Inc.
3rd Cir. · 1991 · confidence medium
See Martin-Trigona v. Champion Federal Savings and Loan Ass’n, 892 F.2d 575 , 577 (7th Cir.1989) (automatic stay applies to “actions against the bankrupt or to seizures of property of the bankrupt.”) (emphasis added); Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988) (same); MacArthur Co. v. Johns-Manville Corp., 837 F.2d 89, 92 (2d Cir.) (same), cert. denied, 488 U.S. 868 , 109 S.Ct. 176 , 102 L.Ed.2d 145 (1988).
discussed Cited as authority (rule) Fernstrom Storage and Van Company v. Fernstrom Storage and Van Company
7th Cir. · 1991 · confidence medium
See Code Sec. 362(a)(1) ("proceeding against the debtor"); Sec. 362(a)(2) ("against the debtor or against property of the estate"); Matter of Lockard, 884 F.2d 1171, 1179 (9th Cir.1989) (surety); Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988) (guarantor); Browning Seed, Inc. v. Bayles, 812 F.2d 999, 1004 (5th Cir.1987) (same); Otoe County Nat'l Bank v. W & P Trucking, 754 F.2d 881, 883 (10th Cir.1985) (same).
discussed Cited as authority (rule) International Business Machines v. Fernstrom Storage & Van Co. (In re Fernstrom Storage & Van Co.)
7th Cir. · 1991 · confidence medium
See Code § 362(a)(1) (“proceeding against the debtor”); § 362(a)(2) (“against the debtor or against property of the estate”); Matter of Lockard, 884 F.2d 1171, 1179 (9th Cir.1989) (surety); Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988) (guarantor); Browning Seed, Inc. v. Bayles, 812 F.2d 999, 1004 (5th Cir.1987) (same); Otoe County Nat’l Bank v. W & P Trucking, 754 F.2d 881, 883 (10th Cir.1985) (same).
discussed Cited as authority (rule) In Re Torrez
Bankr. E.D. Cal. · 1991 · confidence medium
In re Advanced Ribbons and Office Products, Inc., supra, 125 B.R. at 263 ; In re Rohnert Park Auto Parts, Inc., supra, 113 B.R. at 614 approvingly citing Credit Alliance v. Williams, 851 F.2d 119, 121 (4th Cir.1988) for the proposition that Congress knew how to extend the automatic stay to non-debtors and their property by enactment of the co-debtor *939 stay provisions.
cited Cited as authority (rule) Seaport Automotive Warehouse, Inc. v. Rohnert Park Auto Parts, Inc. (In Re Rohnert Park Auto Parts, Inc.)
9th Cir. BAP · 1990 · confidence medium
As stated in Credit Alliance v. Williams, 851 F.2d 119, 121 (4th Cir.1988): Congress knew how to extend the automatic stay to nonbankrupt parties when it intended to do so.
discussed Cited as authority (rule) In Re Murall, Inc.
Bankr. D.S.C. · 1989 · confidence medium
The purpose of the guaranty would be frustrated by interpreting § 362 so as to stay Credit Alliance’s action against the non-bankrupt guarantor when the defaulting debtor petitions for bankruptcy. 851 F.2d at 121, 122 .
discussed Cited "see" Rajesh C Patel
Bankr. N.D. Ga. · 2019 · signal: see · confidence high
See Credit Alliance Corp. v. Williams, 851 F.2d 119 (4th Cir. 1988) (finding that while the default judgment was void as to the debtor, the judgment could still be enforced against the debtor’s guarantors even if those guarantors would then have a claim for contribution against the debtor).
discussed Cited "see" Guy v. Carrington Mortgage Services (In re Guy)
Bankr. D.S.C. · 2016 · signal: see · confidence high
See Credit Alliance Corp. v. Williams, 851 F.2d 119, 122 (4th Cir.1988) (finding that a default judgment constitutes a final judgment on the merits for purposes of res judicata); In re Pujdak, 462 B.R. 560 (Bankr.D.S.C.2011) (“It is well-established that default judgments may be entitled to a preclusive effect under the theory of res judicata.”) (citing Riehle v. Margolies, 279 U.S. 218, 225 , 49 S.Ct. 310 , 73 L.Ed. 669 (1929); 50 C.J.S.
discussed Cited "see" In re Madawaska Hardscape Products, Inc.
Bankr. D.S.C. · 2012 · signal: see · confidence high
See Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988) (finding that the automatic stay does not protect the property of non-bankrupt guarantors of a debtor proceeding under Chapter 11).
cited Cited "see" TOOLCHEX, INC. v. Trainor
E.D. Va. · 2008 · signal: see · confidence high
See Credit Alliance Corp. v. Williams, 851 F.2d 119, 122 (4th Cir.1988) (describing a default judgment as a judgment on the merits).
cited Cited "see" Nevada Power Co. v. Calpine Corp. (In Re Calpine Corp.)
S.D.N.Y. · 2007 · signal: see · confidence high
See Credit Alliance Corp. v. Williams, 851 F.2d 119 (4th Cir.1988).
discussed Cited "see" Fidelity Nat. Title Ins. Co. of New York v. Bozzuto
E.D. Va. · 1998 · signal: see · confidence high
See Credit Alliance Corp. v. Williams, 851 F.2d 119, 121 (4th Cir.1988) ("[T]he automatic stay provision of the Bankruptcy Code stays proceedings against the debtor only, and ... no such relief is available to the non-bankrupt guarantor."). 5 .
CREDIT ALLIANCE CORPORATION, Plaintiff-Appellee,
v.
Gary L. WILLIAMS, Defendant-Appellant, and Penn Hook Coal Company, Inc. Malcolm C. Williams, Jr., Defendants
87-3728.
Court of Appeals for the Fourth Circuit.
Jul 5, 1988.
851 F.2d 119
Cynthia D. Kinser, Pennington Gap, Va., for defendant-appellant., Corneal L. Domeck, III (Kurt J. Pom-renke, White, Elliott & Bundy, Abingdon, Va., on brief), for plaintiff-appellee.
Ervin, Wilkinson, Butzner.
Cited by 89 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 61%
Citer courts: D. Maryland (1)
WILKINSON, Circuit Judge:

Gary Williams, guarantor of a note executed by Penn Hook Coal Co. in favor of Credit Alliance Corp., appeals the decision of the district court that a default judgment against Williams on the note was not rendered void by virtue of Penn Hook’s petition for bankruptcy. We agree with the district court that the automatic stay provision of the Bankruptcy Code, 11 U.S. C. § 362, stays proceedings against the debtor only, and that no such relief is available to the non-bankrupt guarantor. Because principles of res judicata preclude relitigation of issues which could have been litigated in the earlier proceeding, the default judgment entered in that proceeding is enforceable against the guarantor.

I.

On February 22, 1980, Penn Hook Coal Co. signed a three year conditional sales contract note with Croushorn Equipment Co. for the purchase of a John Deere wheel loader. Croushorn assigned Penn Hook’s note to Credit Alliance Corp. and Gary Williams and Malcolm C. Williams executed a guaranty of Penn Hook’s obligation in favor of Credit Alliance.

Penn Hook subsequently defaulted ón its obligation. On January 14, 1981, Credit Alliance filed suit in the United States District Court for the Southern District of New York against Penn Hook and the guarantors, Gary and Malcolm Williams. Credit Alliance sought judgment in the amount of $54,018.07, the balance due on the note after crediting the proceeds realized from the sale of the collateral, plus attorneys’ fees, interest, and costs. Defendants failed to respond to the summons and complaint, and on March 4, 1981, Penn Hook petitioned for bankruptcy under Chapter 11 of the Bankruptcy Code in the District Court for the Western District of Virginia. On April 15, 1981, the District Court for the Southern District of New York entered a default judgment in the amount of $62,866.70 against the three defendants.

On October 5, 1984, Credit Alliance instituted garnishment proceedings against Penn Hook and the guarantors in the Western District of Virginia. The matter was referred to the bankruptcy court which held that the automatic stay provision of the Bankruptcy Code, 11 U.S.C. § 362, rendered void the default judgment against the debtor and the non-debtor guarantors, entered after Penn Hook petitioned for bankruptcy, 68 B.R. 804. The district court reversed the decision of the bankruptcy court with respect to the guarantors, and held that Credit Alliance’s claim against[*121] Gary Williams and Malcolm Williams was not stayed or void, 77 B.R. 57. Guarantor Gary Williams now appeals.

II.

Appellant seeks to invoke the automatic stay provision of 11 U.S.C. § 362 to invalidate the New York judgment entered against him in his capacity as guarantor of the now bankrupt debtor’s note with Credit Alliance.

The plain language of § 362, however, provides only for the automatic stay of judicial proceedings and enforcement of judgments “against the debtor or the property of the estate.” See Williford v. Armstrong World Industries, Inc., 715 F.2d 124, 126-27 (4th Cir.1983). The legislative history of the provision reveals that Congress enacted § 362 to provide protection for bankrupt debtors and to facilitate the orderly distribution of debtors’ assets among their creditors. “The automatic stay is one of the fundamental protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors .... It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressures that drove him into bankruptcy.” S.Rep. No. 989, 95th Cong., 2d Sess. 54-55 (1978), reprinted in 1978 U.S.Code Cong. & Admin.News, 5787, 5840-41; H.R.Rep. No. 595, 95th Cong., 2d Sess., 340 (1978), reprinted in 1978 U.S. Code Cong. & Admin. News, 5963, 6296-97.

Nothing in § 362 suggests that Congress intended that provision to strip from the creditors of a bankrupt debtor the protection they sought and received when they required a third party to guaranty the debt. Congress knew how to extend the automatic stay to non-bankrupt parties when it intended to do so. Chapter 13, for example, contains a narrowly drawn provision to stay proceedings against a limited category of individual cosigners of consumer debts. See 11 U.S.C. § 1301(a). No such protection is provided to the guarantors of Chapter 11 bankrupts by § 362(a). See Willi-ford, 715 F.2d at 126-27.

Guarantors of debtors proceeding in bankruptcy under Chapter 11 are limited to claims for reimbursement or contribution to the extent allowed under 11 U.S.C. § 502(e) or subrogation to the rights of the creditor under 11 U.S.C. § 509. This scheme protects the assured creditor “to the extent that a surety or codebtor is not permitted to compete with the creditor he has assured until the assured party’s claim has been paid in full.” 124 Cong.Rec. H11089 (Sept. 28, 1978) (statement of Rep. Edwards), reprinted in 1978 U.S.Code Cong. & Admin.News, 6436, 6449-50. A reading of § 362 restricting a creditor’s ability to proceed against its guarantor would eliminate the protection of assured creditors contemplated by the Bankruptcy Code.

A.H. Robins Co. v. Piccinin, 788 F.2d 994 (4th Cir.), cert. denied, 479 U.S. 876, 107 S.Ct. 251, 93 L.Ed.2d 177 (1986), is not to the contrary. We recognized in Robins that in “unusual circumstances” a court, pursuant to § 362, may properly stay proceedings against non-bankrupt codefend-ants of the bankrupt debtor. Such unusual circumstances might arise where “there is such identity between the debtor and the third-party defendant that the debtor may be said to be the real party defendant and that a judgment against the third-party defendant will in effect be a judgment or finding against the debtor,” id. at 999, or where proceedings against non-debtor code-fendants would reduce or diminish “the property of the debtor [such as the debtor’s insurance fund or pool] to the detriment of the debtor’s creditors as a whole.” Id. at 1008.

There is nothing “unusual” about this guaranty agreement that would permit the guarantor, Williams, to invoke the statutory protection of § 362 or that would permit us to stay the enforcement of the New York judgment against him on equitable grounds. See A.H. Robins, 788 F.2d at 1000. It is unnecessary to stay proceedings or void the judgment against the non-bankrupt guarantor to protect Penn Hook or to prevent the dissipation of its assets, since neither Penn Hook nor its estate is jeopardized by the judgment against[*122] Williams. “The very purpose of a guaranty is to assure the [creditor] that in the event the [debtor] defaults, the [creditor] will have someone to look to for reimbursement.” Rojas v. First Bank National Ass’n, 613 F.Supp. 968, 971 (E.D.N.Y.1985). The purpose of the guaranty would be frustrated by interpreting § 362 so as to stay Credit Alliance’s action against the non-bankrupt guarantor when the defaulting debtor petitioned for bankruptcy.

III.

Appellant challenges the validity of the New York default judgment entered against him. He argues that the claim against him for the deficiency due on Penn Hook’s debt should be disallowed because Credit Alliance did not conduct the sale of the collateral in a commercially reasonable manner and because the debt was satisfied by the sale of the collateral. Appellant could have raised these defenses to its obligation on the debt in the earlier proceeding. He did not, however, and a judgment in default was entered against him. The default judgment constitutes a final judgment on the merits, and the principles of res judicata preclude him from raising here defenses that he could have raised in the New York action. See 18 C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure § 4442 (1981). Appellant is, therefore, estopped from relitigating the merits of the New York judgment.

We conclude that the judgment against Gary Williams is valid and enforceable. The judgment of the district court is therefore

AFFIRMED.