McKesson Corp. v. El Paso Pharm, Inc. (In Re El Paso Pharm, Inc.)
United States Bankruptcy Court, W.D. Texas
1Opinion of the Court
DECISION ON MOTION TO REMAND
LEIF M. CLARK, Bankruptcy Judge.
CAME ON for hearing the motion of debtor to remand this proceeding to state court, and the response thereto of McKes-son Corporation. The court enters this decision pursuant to 28 U.S.C. § 1452(b) as amended in 1990. 1
McKesson originally filed this lawsuit in state court, prior to the bankruptcy petition, in an attempt to collect on promissory note. In that litigation, McKesson sought and obtained a prejudgment writ of sequestration, which it promptly exercised. Unable to get the writ dissolved, the debtor filed this bankruptcy.…
2Cases cited31 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Pepper v. LittonSupreme Court of the United States · 1939
- Katchen v. LandySupreme Court of the United States · 1966
- Commodity Futures Trading Commission v. SchorSupreme Court of the United States · 1986
- Chauffeurs, Teamsters & Helpers Local No. 391 v. TerrySupreme Court of the United States · 1990
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- Southern Marine & Industrial Services, Inc. v. AK Engineering, Inc. (In Re AK Services, Inc.)United States Bankruptcy Court, D. Massachusetts · 1993
- In re Jefferson CountyUnited States Bankruptcy Court, N.D. Alabama · 2013
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