Legal Opinion

Robert Christopher Associates v. Franklin Realty Group, Inc. (In Re FRG, Inc.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided November 19, 1990No. 14-14124PublishedCited by 17 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The instant motion of the two Debtor-Defendants in this proceeding seeks to have us dismiss the proceeding as an attempt to circumvent the Plaintiffs’ failure to file proofs of claim prior to the bar date in their related cases and to have us award them damages under 11 U.S.C. § 362(h). We agree that the proceeding must be dismissed as to the movants and consequently dismissed against the non-debtor Defendant as well, on the ground that the claims against that party are not “related to” the Debtors’ cases. We also believe that to allow this proceeding…

2Cases cited31 opinions

  1. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  2. Kalb v. FeuersteinSupreme Court of the United States · 1940
  3. In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
  4. Assoc. Of St. Croix Condominium Owners v. St. Croix Hotel Corp. Assoc. Of St. Croix Condominium Owners v. The St. Croix Hotel Corp. Appeal of St. Croix Hotel Corporation. Assoc. Of St. Croix Condominium Owners v. St. Croix Hotel Corp. Assoc. Of St. Croix Condominium Owners v. The St. Croix Hotel Corp. Appeal of Association of St. Croix Condominium OwnersCourt of Appeals for the Third Circuit · 1982
  5. 18 Collier bankr.cas.2d 34, Bankr. L. Rep. P 72,032, 5 Ucc rep.serv.2d 354 in Re Meyertech Corp., Debtor. Southeastern Sprinkler Company, Inc. v. Meyertech CorpCourt of Appeals for the Third Circuit · 1987

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3Cited by17 opinions

  1. Kerney v. Capital One Financial Corp. (In Re Sims)United States Bankruptcy Court, E.D. Tennessee · 2002
  2. In Re SammonUnited States Bankruptcy Court, D. South Carolina · 2000
  3. In Re DietzUnited States Bankruptcy Court, E.D. Michigan · 1992
  4. Shields v. Ciccone (In Re Lloyd Securities, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1993
  5. In Re HarperUnited States Bankruptcy Court, N.D. Indiana · 1991

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