Title Plan 4 College, Inc.
Entered
Case Number
09-17952
Summary

Where a corporate debtor filed a voluntary Chapter 7 case and subsequently moved for an Order “confirming” that the automatic stay protected non-debtor officers, employees and shareholders, the court denied the motion. The court found that the uncontested facts failed to prove any of the bases for extending the automatic stay under the holdings of A.H. Robbins Company, Inc. v. Piccinin (In re A.H. Robbins Company, Inc.), 788 F.2d. 994 (4th Cir. 1986), and In re Johns-Manville Corp., 40 B.R. 219, 226 (S.D. N.Y. 1984). Furthermore, the court found that the automatic stay did not apply to Florida actions that had been commenced against the officers, employees and shareholders pursuant to 11 U.S.C. § 362(a)(3) as the actions did not seek to obtain possession of, or control assets of the bankruptcy estate.

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