Legal Opinion

Skaggs v. Fifth Third Bank of Northern Kentucky (In Re Skaggs)

United States Bankruptcy Court, E.D. Kentucky

Decided June 26, 1995No. 19-20265PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

WILLIAM S. HOWARD, Bankruptcy Judge.

This adversary proceeding is before the Court upon a Motion to Dismiss the Complaint filed herein by the Defendant, Fifth Third Bank of Northern Kentucky (Fifth Third). The basis of the Motion is that the underlying Chapter 13 case of the plaintiff-debtor herein has been dismissed by the Court. The movant, while stating that there is a split of authority with respect to whether dismissal of the underlying “main case” requires dismissal of an adversary proceeding, argues that the proceeding should be dismissed.

Prior to the filing of the…

2Cases cited5 opinions

  1. Robert J. Meza v. General Battery Corporation and Provident Life and Accident Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
  2. Davis v. Courington (In Re Davis)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. In Re Universal Farming Industries, Debtor. George C. Spacek v. Jerry ThomenCourt of Appeals for the Ninth Circuit · 1989
  4. Gaudet v. Kirshenbaum Investment Co. (In Re Gaudet)District Court, D. Rhode Island · 1991
  5. Hudak v. WoodsDistrict Court, W.D. Pennsylvania · 1988

3Cited by7 opinions

  1. Johnson v. SmithCourt of Appeals for the Tenth Circuit · 2009
  2. In Re BenalcazarUnited States Bankruptcy Court, N.D. Illinois · 2002
  3. In Re CrawfordUnited States Bankruptcy Court, S.D. New York · 2008
  4. Jones v. Boston Gas Co. (In Re Jones)Bankruptcy Appellate Panel of the First Circuit · 2007
  5. Burgner v. Georgia Federal Credit Union (In Re Burgner)United States Bankruptcy Court, E.D. Tennessee · 1998

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