United States Fifth Circuit

A creditor violates the Bankruptcy Code's automatic stay provisions if, without permission of the bankruptcy court, he forecloses on an asset to which the debtor has only an arguable claim of right.

Appellate Information

• Decided 08/19/2005
• Published 08/19/2005

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before HIGGINBOTHAM, WIENER, and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James M. Morrison (argued), Jim Morrison & Associates, Fort Worth, TX, for Appellant.


• For Appellees:
  
• Dennis O. Olson (argued), Olson, Nicoud & Gueck, Dallas, TX, for Appellees.