Legal Opinion
Foreston Coal International, Inc. v. Red Ash Coal & Coke Corp. (In Re Red Ash Coal & Coke Corp.)
District Court, W.D. Virginia
Decided February 26, 1988No. Bankruptcy No. 7-86-00301-A, Adv. No. 7-87-0019, Civ. A. No. 87-0242-APublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM OPINION
GLEN M. WILLIAMS, District Judge.
This case is on appeal from the United States Bankruptcy Court for the Western District of Virginia. For the reasons stated below, this court affirms Judge Pearson’s decision that the filing of removal petitions removed the entire case from the Circuit Court of Tazewell County, divesting that court of jurisdiction. Accordingly, the Tazewell court’s default judgment against Jordan was void and Judge Pearson’s injunction against Foresten from attempting to collect that void judgment was correct. On the other hand, the court reverses Judge…
2Cases cited15 opinions
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Creasy v. Coleman Furniture Corp.Court of Appeals for the Fourth Circuit · 1985
- In Re OsborneDistrict Court, W.D. Wisconsin · 1984
- Westinghouse Credit Corp. v. Yeary (In Re Bros. Coal Co.)United States Bankruptcy Court, W.D. Virginia · 1980
- Irving Trust Co. v. Century Export & Import, S.A.District Court, S.D. New York · 1979
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Clayton v. King (In Re Clayton)United States Bankruptcy Court, M.D. North Carolina · 1998
- Atkins v. Martinez (In Re Atkins)United States Bankruptcy Court, D. Minnesota · 1994
- Taborski v. United States Internal Revenue ServiceDistrict Court, N.D. Illinois · 1992
- In Re ZunichUnited States Bankruptcy Court, W.D. Pennsylvania · 1988
- In Re BanksUnited States Bankruptcy Court, E.D. Michigan · 2000
7 more not listed; retrieve them via the Exa API.