Legal Opinion
In Re Estate of Patterson
United States Bankruptcy Court, W.D. Texas
Decided September 9, 1986No. 19-50352PublishedCited by 7 opinions
1Opinion of the Court
SUA SPONTE ORDER DISMISSING FOR WANT OF JURISDICTION
R. GLEN AYERS, Bankruptcy Judge.
On August 29, 1986, this case was filed in the Austin Division of this Court. Ordinarily, a court should not engage in the practice of sua sponte dismissal absent notice and an adequate opportunity to be heard. See, In re Little Creek Development Co., 779 F.2d 1068 (5th Cir.1986). However, where it is clear as a matter of law that this Court can have no jurisdiction over this Debtor, sua sponte dismissal is clearly appropriate. See, In re J.M. Check Cashing Corp., 49 B.R. 273, 278 (Bankr.E.D.N.Y.1985).
Under 11…
2Cases cited4 opinions
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
- Matter of JarrettUnited States Bankruptcy Court, M.D. North Carolina · 1982
- In re Estate of Brown ex rel. BrownDistrict Court, District of Columbia · 1981
- In Re J.M. Check Cashing Corp.United States Bankruptcy Court, E.D. New York · 1985
3Cited by7 opinions
- In Re Klaus Hubert Goerg, Debtor. Klaus Hubert Goerg v. Edgardo L. ParungaoCourt of Appeals for the Eleventh Circuit · 1988
- In Re WaltersUnited States Bankruptcy Court, D. South Dakota · 1990
- Bunch v. Hopkins Savings Bank (In Re Bunch)United States Bankruptcy Court, D. Maryland · 2000
- In re Irasel Sand, LLCUnited States Bankruptcy Court, S.D. Texas · 2017
- In re RobertsUnited States Bankruptcy Court, S.D. Mississippi · 2017
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