Legal Opinion
First National Bank of Maryland v. United States Wall Corp. (In Re Incor, Inc.)
United States Bankruptcy Court, D. Maryland
Decided June 7, 1989No. 19-10916PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM OPINION DENYING MOTION FOR RECONSIDERATION OF DISMISSAL OF ADVERSARY PROCEEDING
JAMES F. SCHNEIDER, Bankruptcy Judge.
The issue in this case is whether the bankruptcy court has jurisdiction to entertain a collection suit brought by a secured creditor against an account debtor of a Chapter 7 debtor to collect prepetition and postpetition receivables, after the modification of the automatic stay allowed the secured creditor to enforce its rights as to its collateral in the receivables. This opinion holds that there is no jurisdiction over such a suit in the bankruptcy court and that…
2Cases cited16 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Thomas v. Union Carbide Agricultural Products Co.Supreme Court of the United States · 1985
- In Re ARNOLD PRINT WORKS, INC., Debtor. ARNOLD PRINT WORKS, INC., Appellant, v. Joseph APKIN, Et Al., AppelleesCourt of Appeals for the First Circuit · 1987
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re Billie Lamont Gardner, Debtor. Terryl A. Gardner v. United States of America, and William H. Zimmerman, Jr., TrusteeCourt of Appeals for the Tenth Circuit · 1990
- Fricker v. First Pennsylvania Bank, N.A. (In Re Fricker)United States Bankruptcy Court, E.D. Pennsylvania · 1990
- Gibbons v. Stemcor USA, Inc. (In Re B.S. Livingston & Co.)District Court, D. New Jersey · 1995
- Official Creditors' Committee of Arundel Housing Components, Inc. v. Georgia-Pacific Corp. (In Re Arundel Housing Components, Inc.)United States Bankruptcy Court, D. Maryland · 1991
- First National Bank of Maryland v. United States Wall Corp. (In Re Incor, Inc.)District Court, D. Maryland · 1990
7 more not listed; retrieve them via the Exa API.