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Ellison v. Northwest Engineering Co.

United States Court of Appeals, Eleventh Circuit
Jun 24, 1983
707 F.2d 1310 (11th Cir. 1983)

Summary

holding that while the automatic stay was in effect a court could not render a decision in a case which had been briefed and argued pre-petition

Summary of this case from In re Soares

Opinion

No. 82-5475.

June 24, 1983.

Alison C. Weinger, Steven M. Weinger, Kurzban Kurzban, Miami, Fla., for plaintiffs-appellants.

Edward R. Nicklaus, William R. Wicks, III, Dixon, Dixon, Hurst, Nicklaus Webb, Miami, Fla., for defendant-appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before VANCE and HENDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.


ORDER STAYING PROCEEDINGS


Appellants, Willie and Mary Ellison, appealed the district court's summary judgment for defendant of March 10, 1982. After the parties had filed briefs and this panel had heard oral argument but prior to the court's decision, appellee, Northwest Engineering Company, filed a voluntary petition under chapter eleven of the Bankruptcy Code. 11 U.S.C. § 1101-1174. Northwest contends that the automatic stay provision of the code prevents this court from issuing its opinion.

Filing of a petition under the Bankruptcy Code operates as an automatic stay of "the commencement or continuation . . . of a judicial, administrative, or other proceeding against the debtor that was or could have been commenced before the commencement of the case under [the bankruptcy code] . . . ." 11 U.S.C. § 362(a)(1). The automatic stay is designed to give the debtor "a breathing spell from his creditors. It stops all collection efforts, all harassment, and all foreclosure actions. It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressure that drove him into bankruptcy." H.R. Rep. No. 595, 95th Cong.2d Sess. 340, reprinted in 1978 U.S. Code Cong. Ad.News 5787, 5963, 6297.

Although we agree with the Ellisons that, under the particular circumstances of this case, there are strong policies favoring and virtually none opposing the court's entering its decision, these are matters for consideration by the bankruptcy court. Until it enters a contrary order, we are bound by the automatic stay provision of 11 U.S.C. § 362(a)(1). Association of St. Croix Condominium Owners v. St. Croix Hotel Corp., 682 F.2d 446 (3d Cir. 1982); see also Association of St. Croix Condominium Owners v. St. Croix Hotel Corp., 690 F.2d 367 (3d Cir. 1982).

It is therefore ORDERED that pursuant to 11 U.S.C. § 362 all proceedings in this court are hereby stayed. The parties are directed to inform the court when the bankruptcy court grants relief from the automatic stay or that stay lapses. At that time we will release our decision.


Summaries of

Ellison v. Northwest Engineering Co.

United States Court of Appeals, Eleventh Circuit
Jun 24, 1983
707 F.2d 1310 (11th Cir. 1983)

holding that while the automatic stay was in effect a court could not render a decision in a case which had been briefed and argued pre-petition

Summary of this case from In re Soares

finding that appeal automatically was stayed under section 362 where defendant-appellee filed bankruptcy petition after oral argument, but not indicating whether courts should look to initial posture or to posture on appeal

Summary of this case from Roberts v. Commissioner

finding automatic stay applied to stay action where Northwest filed a bankruptcy petition "after the parties had filed briefs and this panel had heard oral argument but prior to the court's decision."

Summary of this case from In re Hirshauer

In Ellison, the court stayed issuance of its decision because the appellee had gone into Chapter 11 bankruptcy after the case had been briefed and argued.

Summary of this case from In re Knightsbridge Development Co. Inc.

staying appellate proceedings regarding district court summary judgment ruling because defendant filed bankruptcy petition after parties filed briefs and panel heard oral argument, thereby activating the automatic stay provision of 11 U.S.C. § 362

Summary of this case from Chattahooche Shoals Inv. Grp., LLC v. Jackson

refusing to rule on fully submitted and argued appeal due to § 362 automatic stay

Summary of this case from Lopez v. Delta Funding Corporation

noting that the automatic stay provides debtors with "a breathing spell from creditors. It stops all collection efforts, all harassment, and all foreclosure actions. It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressure that drove [the debtor] into bankruptcy." (quoting H.R. Rep. No. 95-595, at 340-344 (1977), U.S. Code Cong. & Admin. News 1978, p. 5963)

Summary of this case from In re Tavera

In Ellison, a bankruptcy petition was filed by one party after the parties had briefed and argued a case before the Eleventh Circuit. 707 F.2d at 1311.

Summary of this case from In re Roxse Homes, Inc.

In Ellison v. Northwest Engineering Co., 707 F.2d 1310, 1311 (11th Cir. 1983), the Eleventh Circuit Court of Appeals similarly ruled that it was "bound by the automatic stay provision of 11 U.S.C. § 362(a)(1)."

Summary of this case from In re Overmyer
Case details for

Ellison v. Northwest Engineering Co.

Case Details

Full title:WILLIE ELLISON AND MARY ELLISON, PLAINTIFFS-APPELLANTS, v. NORTHWEST…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Jun 24, 1983

Citations

707 F.2d 1310 (11th Cir. 1983)
11 B.C.D. 401

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