Legal Opinion

The Commonwealth of Massachusetts, by Its Department of Public Welfare v. Dartmouth House Nursing Home, Inc.

Court of Appeals for the First Circuit

Decided February 1, 1984No. 83-1484PublishedCited by 16 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Chief Judge.

This appeal raises the question of the continued existence of the First Circuit Bankruptcy Appellate Panels after the expiration of the stay of judgment in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982).

The Massachusetts Department of Public Welfare (“the Department”) commenced an adversary proceeding in the United States Bankruptcy Court for the District of Massachusetts against the debtor nursing homes 1 on January 8, 1982. The Department sought a declaration permitting it to continue making…

2Cases cited9 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  3. Lindsey v. NormetSupreme Court of the United States · 1972
  4. White Motor Corporation, Debtor and Debtor in Possession v. Citibank, N.A. And the Other Bank Creditors Listed on Exhibit 1Court of Appeals for the Sixth Circuit · 1983
  5. In Re Coastal Cable T v. Inc., Debtor. Gerald Connell v. Coastal Cable T v. Inc.Court of Appeals for the First Circuit · 1983

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3Cited by16 opinions

  1. In Re Jay D. JONES, Debtor. Jay D. JONES, Appellee, v. WILSON INDUSTRIES, INC. a Texas Corporation, AppellantCourt of Appeals for the Tenth Circuit · 1986
  2. 10 Collier bankr.cas.2d 1339, Bankr. L. Rep. P 69,923 in Re James A. Burley and Elsie M. Burley, Debtors. B.H. Briney and Lucile Briney, Creditors/appellees v. James A. Burley and Elsie M. Burley, Debtors/appellantsCourt of Appeals for the Ninth Circuit · 1984
  3. In Re GrahamCourt of Appeals for the Eleventh Circuit · 1984
  4. In Re GibbonsUnited States Bankruptcy Court, D. Rhode Island · 1985
  5. Precon, Inc. v. JRS Realty Trust (In Re Brown)District Court, D. Maine · 1985

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