Legal Opinion

Banc of America Commercial Financial Corp. v. CGE Shattuck, LLC (In Re CGE Shattuck, LLC)

Bankruptcy Appellate Panel of the First Circuit

Decided December 1, 2000No. BAP No. NH 00-002. Bankruptcy No. 99-12287-JMDPublishedCited by 3 opinions

1Opinion of the Court

ORDER DENYING THE MOTION OF THE DEBTOR!APPELLEE TO DISMISS FOR LACK OF JURISDICTION

BOROFF, Bankruptcy Judge.

I. Background

Appellant, Banc of America Commercial Finance Corp., formerly Nations Credit Commercial Corporation (the “Bank” or “Appellant”), appeals from a Memorandum Opinion and Order, dated December 20, 1999, issued by the United States Bankruptcy Court for the District of New Hampshire. The Bank first moved for relief from stay or for adequate protection in July, 1999. The bankruptcy court denied the motion for relief (without prejudice) and ordered the debtor CGE Shat-tuck, LLC…

2Cases cited5 opinions

  1. In Re Reuben F. Leimer, D/B/A Leimer Farms and Company, A/d/b/a R.F. Leimer Company, Debtor. Aetna Life Insurance Company v. Reuben F. LeimerCourt of Appeals for the Eighth Circuit · 1984
  2. In Re Pegasus Agency, Inc., Debtor. Pegasus Agency, Inc. v. Nicholas Grammatikakis, Also Known as Nicholas GrammasCourt of Appeals for the Second Circuit · 1996
  3. 15 Collier bankr.cas.2d 273, Bankr. L. Rep. P 71,218 Domenico Tringali v. Hathaway MacHinery Company, Inc., (Two Cases)Court of Appeals for the First Circuit · 1986
  4. Centofante v. CBJ Development, Inc. (In Re CBJ Development, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  5. In Re Cimarron Investors, Debtor. Cimarron Investors v. Wyid PropertiesCourt of Appeals for the Ninth Circuit · 1988

3Cited by3 opinions

  1. Caterpillar Financial Services Corp. v. Braunstein (In Re Henriquez)Bankruptcy Appellate Panel of the First Circuit · 2001
  2. In Re CollinsUnited States Bankruptcy Court, D. Minnesota · 2005
  3. Kamai v. Long Beach Mortgage Co. (In Re Kamai)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004

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