Apex Oil Co. v. United States Customs Service (In Re Apex Oil Co.)
United States Bankruptcy Court, E.D. Missouri
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BARRY S. SCHERMER, Bankruptcy Judge.
INTRODUCTION
This case arises from the objection of debtor Apex Oil Company (“Apex”) to the claim of the United States Customs Service (“Customs”). The issues in this case are derived from the importation of petroleum products and a dispute as to their country of origin. This case presents two issues: 1) Whether this Court has and should exercise jurisdiction over the liquidation of pre-petition claims of Customs, despite the exclusive jurisdiction granted the Court of International Trade (“CIT”) in 28 U.S.C. § 1581(a); and 2)…
2Cases cited16 opinions
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Katchen v. LandySupreme Court of the United States · 1966
- Langenkamp v. CulpSupreme Court of the United States · 1991
- Alexander v. HillmanSupreme Court of the United States · 1935
- Turman v. MoralesSupreme Court of the United States · 1982
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3Cited by5 opinions
- In Re Capgro Leasing AssociatesUnited States Bankruptcy Court, E.D. New York · 1994
- Carpio v. Smith (In Re Carpio)United States Bankruptcy Court, W.D. Missouri · 1997
- United States Customs Service v. Apex Oil Co. (In Re Apex Oil Co.)District Court, E.D. Missouri · 1991
- United States v. Sentry InsuranceUnited States Court of International Trade · 1997
- Atteberry v. United StatesUnited States Court of International Trade · 2003