Legal Opinion

Empire Marble & Granite, Inc. v. Adinolfi (In Re Rosacometta)

Court of Appeals for the Eleventh Circuit

Decided June 29, 2007No. 06-14003UnpublishedCited by 1 opinion

1Per curiam

Stuart Kalb appeals the bankruptcy court’s order granting relief to the foreign debtor, Rosacometta. The bankruptcy court order enjoined Kalb and Empire Marble from collecting on a writ of garnishment that Kalb had obtained in state court against a debtor of Rosacometta, Gem Paver. Kalb argues that the bankruptcy court acted outside its jurisdiction in ordering the transfer of funds to the Italian bankruptcy trustee, Antonio Adi-nolfi. He further argues that the bank ruptcy court erred in granting comity to a foreign proceeding while fading to give full faith and credit to a state court…

2Cases cited2 opinions

  1. Cunard Steamship Company Limited v. Salen Reefer Services Ab, United Brands Company, GarnisheeCourt of Appeals for the Second Circuit · 1985
  2. In Re Club AssociatesCourt of Appeals for the First Circuit · 1992

3Cited by1 opinion

  1. In Re International Banking Corp. B.S.C.United States Bankruptcy Court, S.D. New York · 2010

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