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CREDIT ALLIANCE CORP. v. WILLIAMS

No. 87-3728.

851 F.2d 119 (1988)

CREDIT ALLIANCE CORPORATION, Plaintiff-Appellee, v. Gary L. WILLIAMS, Defendant-Appellant, and Penn Hook Coal Company, Inc. Malcolm C. Williams, Jr., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 5, 1988.

Attorney(s) appearing for the Case

Cynthia D. Kinser, Pennington Gap, Va., for defendant-appellant.

Corneal L. Domeck, III (Kurt J. Pomrenke, White, Elliott & Bundy, Abingdon, Va., on brief), for plaintiff-appellee.

Before ERVIN and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

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...

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