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Legal Opinion

Cullen Electric Co. v. Bill Cullen Electrical Contracting Co. (In Re Bill Cullen Electrical Contracting Co.)

United States Bankruptcy Court, N.D. Illinois

Decided November 8, 1993No. 18-05081PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION

ERWIN I. KATZ, Bankruptcy Judge.

The Defendants have filed Motions for Abstention under 28 U.S.C. § 1334(c) in response to Plaintiffs amended complaint to determine the validity, extent and priority of its purported liens in certain accounts receivable of the Debtor (the “Property”). Because the estate has disclaimed any interest in the Property and the outcome of the litigation would have no impact on the estate, the Court finds itself without subject matter jurisdiction to hear the proceeding. While subject matter jurisdiction is a prerequisite of abstention under § 1334,…

2Cases cited15 opinions

  1. 17 Collier bankr.cas.2d 230, Bankr. L. Rep. P 71,695 in the Matter of Xonics, Inc., Debtors. Elscint, Inc., and Elscint Imaging, Inc. v. First Wisconsin Financial CorporationCourt of Appeals for the First Circuit · 1987
  2. In the Matter of CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Debtor. Appeal of CMC HEARTLAND PARTNERSCourt of Appeals for the Seventh Circuit · 1993
  3. Barnett v. SternCourt of Appeals for the Seventh Circuit · 1990
  4. In the Matter of Arlo B. Edwards, Debtor-Appellee. Appeal of Golden Guernsey Dairy Co-OpCourt of Appeals for the Seventh Circuit · 1992
  5. James H. Ricketts, Sr. v. Midwest National Bank, James H. Ricketts, Sr. v. Sharp Investment CompanyCourt of Appeals for the Seventh Circuit · 1989

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3Cited by8 opinions

  1. Marriott Family Restaurants, Inc. v. Lunan Family Restaurants (In Re Lunan Family Restaurants)United States Bankruptcy Court, N.D. Illinois · 1996
  2. Monaco v. United States Department of Education (In Re County Schools, Inc.)United States Bankruptcy Court, D. Connecticut · 1994
  3. Cooper v. BB Syndication Services, Inc. (In Re 222 South Caldwell Street, Ltd. Partnership)United States Bankruptcy Court, W.D. North Carolina · 2009
  4. H.J. Rowe, Inc. v. Sea Products, Inc. (In Re Talon Holdings, Inc.)United States Bankruptcy Court, N.D. Illinois · 1998
  5. Goodman v. Phoenix Container, Inc. (In Re DeMert & Dougherty, Inc.)United States Bankruptcy Court, N.D. Illinois · 2001

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