Legal Opinion

In Re Monroe Well Service, Inc.

United States Bankruptcy Court, E.D. Pennsylvania

Decided December 3, 1986No. 19-11788PublishedCited by 79 opinions

1Opinion of the Court

OPINION

BRUCE FOX, Bankruptcy Judge:

Before me is the debtors’ motion to “Compel Further Continuation of Payments.” This motion seeks to enjoin creditors from exercising their state created rights against non-debtors and raises issues involving the scope of the bankruptcy court’s powers under 11 U.S.C. § 105 to stay the actions of entities who are not subject to 11 U.S.C. § 362. In order to understand the reasons why the debtors have sought to invoke the court’s section 105 powers, and why, in my discretion, I am very reluctantly exercising those powers, it is first necessary to set out the…

2Cases cited35 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  3. A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
  4. Johns-Manville Corp. v. Asbestos Litigation Group (In Re Johns-Manville Corp.)District Court, S.D. New York · 1984
  5. Manville Corp. v. Equity Security Holders Committee (In re Johns-Manville Corp.)Court of Appeals for the Second Circuit · 1986

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3Cited by79 opinions

  1. Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
  2. Monarch Life Insurance v. Ropes & GrayCourt of Appeals for the First Circuit · 1995
  3. Solidus Networks, Inc. v. Excel Innovations, Inc.Court of Appeals for the Ninth Circuit · 2007
  4. Sinkow v. Latimer (In Re Latimer)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  5. U.I.U. Health & Welfare Fund Ex Rel. Serembus v. Levit (In Re Futura Industries, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1987

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