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OpenJurist

Circuit split · bankruptcy law

Whether the automatic stay triggered by one asbestos co-defendant's bankruptcy extends to bar or requires managing continued litigation against the non-debtor solvent co-defendants

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

  1. Fifth Circuit Court of Appeals · December 22, 1993

    “While we recognize the burdens which have been placed upon the bankruptcy court by the immensity, of litigation pending in this case, we disagree with the Fourth Circuit’s proposed solution in Willis.” — Disagrees with another circuit
    Empirical analysis of this case →

The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

  • On the other side · Fourth CircuitWillis
    “While we recognize the burdens which have been placed upon the bankruptcy court by the immensity, of litigation pending in this case, we disagree with the Fourth Circuit’s proposed solution in Willis.” — Edwards v. Armstrong World Industries, Inc., acknowledging the split
  • DiscussedWedgeworth v. Fibreboard Corp.706 F.2d 545

What the split turns on

Statutes:
section 105(a)

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.