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Celotex Corp. Vs. Edwards
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- US Supreme Court
- Apr 19, 1995
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U.S. 300 (1995) October Term, 1994 Syllabus Celotex Corp. V. EdwardsSearch
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GTE Sylvania, Inc. v. ConsumersSearch
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Union of United States, Inc., 445 U. S. 375 , 386, applies to bankruptcy cases, Oriel v. RussellSearch
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that such a procedure cannot be stayed by a law- 301 fully entered injunction. Board of Governors, FRS v. MCorpSearch
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respondents' judgment against Celotex. Edwards v. ArmstrongSearch
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cases, and the sureties on the supersedeas bonds, including Northbrook. See Second Amended Complaint in Celotex Corp. v. AllstateSearch
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transfers. See ibid. Celotex also 305 Celotex appealed, and the Fifth Circuit affirmed. Ed wards v. ArmstrongSearch
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the Section 105 Injunction was improper, the Fifth Circuit expressly disagreed with the reasoning and result of Willis v. CelotexSearch
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In GTE Sylvania, Inc. v. ConsumersSearch
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footnote omitted). 307 This rule was applied in the bankruptcy context more than 60 years ago in Oriel v. RussellSearch
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pp. 153-154 (1978). We agree with the views expressed by the Court of Appeals for the Third Circuit in Pacor, Inc. v. HigginsSearch
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cf. Board of Governors, FRS v. MCorpSearch
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in bankruptcy courts).6 Pipeline Constr. Co. v. MarathonSearch
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proceeding. 6 In attempting to strike an appropriate balance, the Third Circuit in Pacor, Inc. v. HigginsSearch
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A. H. Robins Co. v. Pic-Search
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Robinson v. MichiganSearch
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Home Ins. CO. v. CooperSearch
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courts may extend more broadly in the former case than in the latter. Cf. Continental Ill. Nat. Bank & Trust Co. v. ChicagoSearch
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is in accord with representative recent decisions of the Courts of Appeals. See, e. g., American Hardwoods, Inc. v. DeutscheSearch
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cf. MacArthur Co. v. Johns-ManvilleSearch
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denied sub nom., 485 U. S. 969 (1988).8 Respondents, relying on our decision in Board of Governors, FRS v. MCorpSearch
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Walker v. BirminghamSearch
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U. S. 307, 314 (1967) (quoting Howat v. KansasSearch
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but did not expressly enjoin the Edwards from proceeding against Northbrook. See Edwards v. ArmstrongSearch
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B. R., at 483, quoting A. H. Robins Co. v. PiccininSearch
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the majority, ante, at 308-309, n. 6, that the facts of this case do not require us to resolve whether Pacor v. HigginsSearch
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jurisdictional structure of the Bankruptcy Code reflects this Court's decision in Northern Pipeline Constr. Co. v. MarathonSearch
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Pope v. ManvilleSearch
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Ellis v. ConsolidatedSearch
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are entirely consistent with my approach, and they provide at most indirect support for his order. In A. H. Robins Co. v. PiccininSearch
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affects supersedeas bonds that are concededly not property of the debtor's estate. I also note that in Willis v. CelotexSearch
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and thereby to justify a bankruptcy judge's injunction that had been issued over one year earlier. Cf. Siler v. LouisvilleSearch
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See Northern Pipeline Constr. Co. v. MarathonSearch
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of the injunction in light of the Fourth Circuit's upholding the very injunction at issue in this case, see Willis v. CelotexSearch
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modified on other grounds, 835 331 V TheSearch
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Inc. of Stuart, 845 F.2d 293 , 295-296 (CAll), cert. denied sub nom. First Interstate Credit Alliance v. AmericanSearch
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Syllabus Celotex Corp. V. EdwardsSearch
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Oriel v. RussellSearch
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Board of Governors, FRS v. MCorpSearch
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Celotex. Edwards v. ArmstrongSearch
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Celotex Corp. v. AllstateSearch
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of Willis v. CelotexSearch
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Pacor, Inc. v. HigginsSearch
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Pipeline Constr. Co. v. MarathonSearch
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Cf. Continental Ill. Nat. Bank & Trust Co. v. ChicagoSearch
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American Hardwoods, Inc. v. DeutscheSearch
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MacArthur Co. v. Johns-ManvilleSearch
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Northbrook. See Edwards v. ArmstrongSearch
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A. H. Robins Co. v. PiccininSearch
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