Legal Opinion
James v. Draper (In Re James)
United States Bankruptcy Court, E.D. Pennsylvania
Decided May 1, 1990No. 19-11524PublishedCited by 13 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
The instant proceeding, concerning the Debtor’s efforts to recover $7,990 in cash (hereinafter “the Funds”) which the State of New Jersey (hereinafter “the State”) is attempting to retain as the fruits of a civil forfeiture proceeding, placed several interesting and difficult issues before the court. We cannot finally resolve all of issues because we find that the Chapter 7 Trustee, who is not a party hereto, is a necessary party and must be joined before this proceeding may go forward. We must therefore schedule a supplemental hearing…
2Cases cited76 opinions
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Hutto v. FinneySupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
71 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Johnston v. Parker (In Re Johnston)District Court, D. Arizona · 2005
- Colon v. Hart (In Re Colon)United States Bankruptcy Court, E.D. Pennsylvania · 1990
- Elder-Beerman Stores Corp. v. Thomasville Furniture Indus. Inc. (In Re Elder-Beerman Stores Corp.)United States Bankruptcy Court, S.D. Ohio · 1996
- Nassau Savings & Loan Ass'n v. Miller (In Re Gulph Woods Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1990
- In Re Elder-Beerman Stores Corp.United States Bankruptcy Court, S.D. Ohio · 1996
8 more not listed; retrieve them via the Exa API.