Legal Opinion
In re Marasek
Court of Appeals for the Third Circuit
Decided September 24, 2013No. 13-3328PublishedCited by 2 opinions
1Opinion of the Court
OPINION
2Per curiam
Jan Marasek and Joan Byron-Marasek (“the Maraseks”), husband and wife, have filed a petition for a writ of mandamus seeking review of Bankruptcy Court Judge Michael B. Kaplan’s refusal to recuse himself from presiding over their Chapter 7 proceeding. For the reasons that follow, we will deny the petition.
In 2008, the Maraseks filed a voluntary petition for bankruptcy under Chapter 13 in the United States Bankruptcy Court for the District of New Jersey. Albert Russo, one of New Jersey’s standing Chapter 13 trustees, was appointed to administer the case. Initially, the Bankruptcy Court…
3Cases cited5 opinions
- In Re School Asbestos Litigation. Pfizer Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee., Intervenor. Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Acands, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Asten Group, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Asten Group, Inc., Dana Corporation, Pfizer, Inc., Pittsburgh Corning Corporation, and W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Georgia-Pacific Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, and a Conditionally Certified Class, Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School DistrictCourt of Appeals for the Third Circuit · 1992
- Alexander v. Primerica Holdings, Inc.Court of Appeals for the Third Circuit · 1993
- In Re: Kensington International Limited and Springfield Associates, Llc, in Re: D.K. Acquisition Partners, L.P. Fernwood Associates, L.P. And Deutsche Bank Trust Company Americas, in Re: Usg CorporationCourt of Appeals for the Third Circuit · 2004
- In Re AntarCourt of Appeals for the Third Circuit · 1995
- City of Pittsburgh v. SimmonsCourt of Appeals for the Third Circuit · 1984
4Cited by2 opinions
- APONTEDistrict Court, E.D. Pennsylvania · 2020
- ROACH v. CITY OF PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISIONDistrict Court, E.D. Pennsylvania · 2025