Gilbane Building Co. v. Air Systems Inc. (In Re Encompass Services Corp.)
United States Bankruptcy Court, S.D. Texas
1Opinion of the Court
MEMORANDUM OPINION ON ASA’S MOTION (i) TO ABSTAIN, OR ALTERNATIVELY (ii) FOR DISMISSAL OR SUMMARY JUDGMENT
JEFF BOHM, Bankruptcy Judge.
I. INTRODUCTION
This adversary proceeding presents an interesting attempt at using the Bankruptcy Code as a mechanism for forum shopping. In 2001, the plaintiff, Gilbane Building Company (Gilbane), entered into a contract with Air Systems Incorporated (ASI), which at the time was a wholly owned subsidiary of Encompass Services Corporation (Encompass or the Debtor). In late 2002, Encompass and ASI filed for Chapter 11. As part of the reorganization, Air Systems…
2Cases cited18 opinions
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
13 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Veldekens v. GE HFS Holdings, Inc. (In Re Doctors Hospital 1997, L.P.)United States Bankruptcy Court, S.D. Texas · 2006
- Fruit of the Loom, Inc. v. Magnetek, Inc. (In Re Fruit of the Loom, Inc.)United States Bankruptcy Court, D. Delaware · 2009
- Air Cargo, Inc. Litigation Trust Ex Rel. Fletcher v. I2 Technologies, Inc. (In Re Air Cargo, Inc.)United States Bankruptcy Court, D. Maryland · 2011
- Kaye v. Dupree (In Re Avado Brands, Inc.)United States Bankruptcy Court, N.D. Texas · 2006
- Hill v. Day (In Re Today's Destiny, Inc.)United States Bankruptcy Court, S.D. Texas · 2008
27 more not listed; retrieve them via the Exa API.