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MARITIME ELEC. CO., INC. v. UNITED JERSEY BANK

No. 90-6057.

959 F.2d 1194 (1991)

MARITIME ELECTRIC COMPANY, INC., A New York Corporation, v. UNITED JERSEY BANK, A New Jersey Banking Corporation; Michael Gill; and Maritime Electric Company, Inc., A New Jersey Corporation. Michael GILL, Third-Party Plaintiff, v. MARITIME ELECTRIC COMPANY, INC., A New York Corporation; Thomas Gill, Individually and in his Capacity as President of Maritime Electric Company, Inc., (N.Y.), Third-Party Defendants, Maritime Electric Co., Inc., (plaintiff and third-party defendant) and Thomas Gill (third-party defendant), Appellants.

United States Court of Appeals, Third Circuit.

Decided December 2, 1991.

Rehearing Granted; Opinion Vacated January 10, 1992.

Opinion Reinstated on Rehearing March 24, 1992.

Rehearing Denied March 25, 1992.

Attorney(s) appearing for the Case

Samuel Feldman (argued), Orloff, Lowenbach, Stifelman & Siegel, Roseland, N.J., for appellants.

Alexander W. Booth, Jr. (argued), Brownstein & Booth, Union City, N.J., for appellee, Michael Gill.

Before: NYGAARD and ALITO, Circuit Judges, and FULLAM, District Judge.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In this appeal arising from litigation between a father and son and their respective corporations, we address the scope and effect of the Bankruptcy Code's automatic stay provision, 11 U.S.C. § 362(a)(1), on the district court's judgment entered after the son filed a Chapter 13 petition in bankruptcy. We hold that any district court proceedings against the debtor...

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