(DOWNLOAD) "In re Krystal Cadillac Oldsmobile GMC Truck, Inc." by Third Circuit U.S. Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: In re Krystal Cadillac Oldsmobile GMC Truck, Inc.
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 23, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
In this appeal involving bankruptcy law, we are asked to decide whether a franchise agreement involving a vehicle dealership had been terminated prior to the filing of the bankruptcy petition. Because we find that the franchise agreement was still in effect when the petition was filed, it follows a fortiori that the vehicle franchise was an asset of the bankruptcy estate. We further find that the post-petition adjudications by the state administrative board and the Pennsylvania Commonwealth Court, effectively ordering the termination of the franchise agreement, were made in violation of the automatic stay provision of 11 U.S.C. § 362(a)(3) and, thus, were not binding on the bankruptcy court. Accordingly, we will reverse the order of the district court affirming the order of the bankruptcy court.