Legal Opinion
Battles v. First Citizens National Bank
United States Bankruptcy Court, D. New Hampshire
Decided January 25, 1984No. Bankruptcy No. 83-00292; Adv. No. 83-00241Published
1Opinion of the Court
MEMORANDUM OPINION
JAMES E. YACOS, Bankruptcy Judge.
The issue presented in this case is whether this court has jurisdiction to issue a restraining order to stop a foreclosure sale of the Chapter 13 debtor’s farm and home property.
The foreclosing mortgagee asserts that the bankruptcy court lacks jurisdiction due to the Supreme Court’s decision in Northern Pipeline Co. v. Marathon Pipe Line Co., 458 U.S. 50, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982). It challenges as invalid the “Order For Interim Administration of the United States Bankruptcy Court For The District of New Hampshire”, entered on…
2Cases cited9 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- La Buy v. Howes Leather Co.Supreme Court of the United States · 1957
- Ex Parte PetersonSupreme Court of the United States · 1920
- United States v. HvassSupreme Court of the United States · 1958
- Pacemaker Diagnostic Clinic of America, Inc., a Tennessee Corporation, Cross-Appellee v. Instromedix, Inc., an Oregon Corporation, Cross-AppellantCourt of Appeals for the Ninth Circuit · 1983
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