Legal Opinion
Billington v. Winograde (In Re Hotel Mt. Lassen, Inc.)
United States Bankruptcy Court, E.D. California
Decided April 15, 1997No. 14-30112PublishedCited by 26 opinions
1Opinion of the Court
OPINION
CHRISTOPHER M. KLEIN, Bankruptcy Judge:
This is a motion to remand five civil actions that were removed from state court under 28 U.S.C. § 1452. Resolution of the motion requires determination of issues regarding: (1) the post-confirmation effect of a chapter 11 plan of reorganization; (2) subject matter jurisdiction; and (8) remand procedure.
The court concludes that the plan of reorganization confirmed in this case does not provide for federal subject matter jurisdiction over the removed actions, that there is no other basis for federal jurisdiction, that there is no deadline for…
2Cases cited13 opinions
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
- In Re American Hardwoods, Inc., Debtor. American Hardwoods, Inc. v. Deutsche Credit CorporationCourt of Appeals for the Ninth Circuit · 1989
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In Re Les Deville, Debtor. In Re Steven J. Dagget, Debtor. In Re Daniel Miller, Debtor. Daniel Miller, Jr. Arlo Hale Smith v. Noreen CardinaleCourt of Appeals for the Ninth Circuit · 2004
- Miller v. Cardinale (In Re Deville)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Koken v. Reliance Group Holdings, Inc. (In Re Reliance Group Holdings, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2002
- Joremi Enterprises, Inc. v. Hershkowitz (In Re New 118th LLC)United States Bankruptcy Court, S.D. New York · 2008
- Cargill, Inc. v. Man Financial, Inc. (In Re Refco, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
21 more not listed; retrieve them via the Exa API.