Lawwly

Credit Alliance Corp. v. Williams

United States Court of Appeals for the Fourth Circuit

851 F.2d 119 (1988)

Relevant factsFree

Credit Alliance (plaintiff) obtained a default judgment against a debtor company and its guarantors, including Gary Williams (defendant), after the debtor defaulted on a secured note; the debtor filed for Chapter 11 bankruptcy around the same time the judgment was entered, and the bankruptcy court held the automatic stay voided the judgment as to both the debtor and the guarantors, but the district court reversed as to the guarantors. Gary Williams appealed.

IssueFree

Whether the automatic stay set forth at 11 U.S.C. § 362 protects a guarantor, by virtue of his guarantor status, against enforcement of a default judgment entered against the debtor on the guaranteed obligation.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases