Legal Opinion
Hays v. Cummins (In Re Cummins)
United States Bankruptcy Court, W.D. Arkansas
Decided November 28, 1994No. Bankruptcy No. 91-16453S. Adv. No. 94-6534PublishedCited by 2 opinions
1Opinion of the Court
ORDER OF REMAND
MARY D. SCOTT, Bankruptcy Judge.
This cause came before the Court upon the Motion to Remand, filed by the plaintiff on November 15, 1994, to which the defendant Larry Cummins, responded on November 22, 1994. On November 10, 1994, Larry Cum-mins filed a Notice of Removal of litigation pending in the state court since 1991. The notice of Removal averred that the complaint was filed on October 24,1994, demanded trial by jury, but objected to jury trial in the bankruptcy court.
The Notice of Removal falsely implies that the Chancery Court action was initiated on October 24, 1994. It…
2Cases cited17 opinions
- Bankr. L. Rep. P 75,430 in Re William J. McLaren Debtor. William Longo, Sr. v. William J. McLarenCourt of Appeals for the Sixth Circuit · 1993
- Reed v. AllenSupreme Court of the United States · 1932
- N.I.S. Corp. v. Hallahan (In re Hallahan)Court of Appeals for the Seventh Circuit · 1991
- East Texas Motor Freight Lines, Inc. v. FreemanSupreme Court of Arkansas · 1986
- Wells v. Arkansas Public Service CommissionSupreme Court of Arkansas · 1981
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3Cited by2 opinions
- In Re LerouxUnited States Bankruptcy Court, D. Massachusetts · 1997
- Junk v. CitiMortgage, Inc. (In re Junk)United States Bankruptcy Court, S.D. Ohio · 2014