STAPF

v.

UNITED STATES

Citator

Cited By (34 total)

• In re Ozark Rest. Equip. Co. v. Anderson, 816 F.2d 1222 (8th Cir. 1987)
  …der any other section of the Code. Cf. Johnson v. First National Bank of Montevideo, 719 F. 2d 270, 273 (8th Cir.1983) (bankruptcy court’s equitable powers may only be exercised in a manner consistent with the provisions of the Code), cert. denied, 465 U.S. 1012, 104 S.Ct. 1015, 79 L.Ed.2d 245 (1984). Because no provision of the Code gives the trustee in this case standing to assert the alter ego claim, any equitable relief must be denied. Although this result may seem harsh in light of the bankruptcy court…
• In re Benny L. Roach and Edith Roach, 824 F.2d 1370 (3d Cir. 1987)
  …tcy laws throughout the United States. “Where Congress has chosen to exercise its authority, contrary provisions of state law must accordingly give way.” Johnson v. First National Bank of Montevideo, 719 F. 2d 270, 273 (8th Cir.1983), cert. denied, 465 U.S. 1012, 104 S.Ct. 1015, 79 L.Ed.2d 245 (1984). Nonetheless, “the usual rule is that congressional intent to pre-empt will not be inferred lightly. Pre-emption must either be explicit, or compelled due to an unavoidable conflict between the state law and t…

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• In re Tech. Knockout Graphics, Inc. v. Tech. Knockout Graphics, Inc., 833 F.2d 797 (9th Cir. 1987)
  …a bankruptcy court is a court of equity, “its broad equitable powers may only be exercised in a manner which is consistent with the provisions of the Code.” Johnson v. First Nat’l Bank of Montevideo, 719 F. 2d 270, 273 (8th Cir.1983), cert. denied, 465 U.S. 1012, 104 S.Ct. 1015, 79 L.Ed.2d 245 (1984). As discussed earlier, to allow TKO, while in a bankruptcy proceeding, to designate how its payments are to be applied, without notice to creditors or court approval, would subvert the Bankruptcy Code. Such a d…