Legal Opinion
O'Hara Corp. v. F/V NORTH STAR
District Court, D. Maine
Decided July 24, 1997No. Civil 97-168-P-HPublishedCited by 5 opinions
1Opinion of the Court
ORDER ON PLAINTIFF’S MOTION FOR COURT TO WITHDRAW BANKRUPTCY REFERENCE AND/OR TO LIFT AUTOMATIC STAY
HORNBY, Chief Judge.
This case explores the intersection between bankruptcy and admiralty when a debtor’s bankruptcy petition has interrupted pending admiralty proceedings. Because I find no justification for either withdrawing the automatic reference to the bankruptcy court or avoiding the bankruptcy court’s automatic stay, the plaintiff’s motion seeking such relief is Denied.
I. Facts
On May 13, 1997, O’Hara Corporation brought an in rem admiralty action in this Court against the F/V NORTH STAR…
2Cases cited7 opinions
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- In the Matter of Vicars Insurance Agency, Incorporated, Debtor-Appellee. Appeal of United National Insurance Company, Creditor, Diamond State Insurance Company, Creditor, and Hallmark Insurance Company, Creditor. In the Matter of E&s Facilities, Incorporated, Debtor-Appellee. Appeal of United National Insurance Company, Creditor, and Diamond State Insurance Company, CreditorCourt of Appeals for the Seventh Circuit · 1996
- United States v. ZP ChandonCourt of Appeals for the Ninth Circuit · 1989
- United States v. LeBouf Bros. Towing Co., Inc.District Court, E.D. Louisiana · 1985
- Adams v. S/V "Tenacious,"District Court, D. Alaska · 1996
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re NelsonUnited States Bankruptcy Court, D. Maine · 1999
- Constructive Hands, Inc. v. BakerDistrict Court, N.D. New York · 2006
- In Re Millenium Sea Carriers, Inc.District Court, S.D. New York · 2002
- Howard Bank v. M/V "Mothership"District Court, D. Maryland · 2020
- Howard Bank v. M/V "Mothership"District Court, D. Maryland · 2019