Legal Opinion

In Re Bagel Bros. Bakery & Deli, Inc.

United States Bankruptcy Court, W.D. New York

Decided March 27, 1998No. 1-19-10155Published

1Opinion of the Court

ORDER DIRECTING THAT FEDERAL RULE OF BANKRUPTCY PROCEDURE 1014(b) WILL NOT STAY PROCEEDINGS IN THIS COURT UNTIL THE BANKRUPTCY COURT FOR THE DISTRICT OF NEW JERSEY HAS HEARD THE RULE 1014(b) MATTER AND HAS ISSUED DIRECTIONS TO THE PARTIES

MICHAEL J. KAPLAN, Bankruptcy Judge.

Before the Court is the rarely-addressed and unsettled issue of whether the last sentence of Federal Rule of Bankruptcy Procedure 1014(b) constitutes an “automatic” stay of reorganization proceedings in the subsequently-filed bankruptcy case of an entity somehow related to the first-petitioning debt- or. 1

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2Cases cited12 opinions

In the Matter of Rodney Dale Coston and Billie Katherine Coston, Debtors. Rodney Dale Coston and Billie Katherine Coston v. Bank of MalvernCourt of Appeals for the Fifth Circuit · 1992
In Re Portjeff Development Corp.United States Bankruptcy Court, E.D. New York · 1990
In Re Maruki USA Co., Inc.United States Bankruptcy Court, S.D. New York · 1988
In Re LambUnited States Bankruptcy Court, E.D. Tennessee · 1984
In Re Consolidated CompaniesUnited States Bankruptcy Court, N.D. Texas · 1989

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