Legal Opinion
In Re Mountain View Coach Line, Inc.
United States Bankruptcy Court, S.D. New York
Decided April 19, 1989No. 19-35111PublishedCited by 3 opinions
1Opinion of the Court
HOWARD C. BUSCHMAN, III, Bankruptcy Judge.
Holland Industries, Inc., the Debtor herein, has objected to the claim of the National Labor Relations Board (“NLRB” or the “Board”) and seeks the entry of an Order pursuant to 11 U.S.C. § 502(c)(1) liquidating such claim, or, in the alternative, the disallowance of such claim under Bankruptcy Rule 3007. We hold that the doctrine of primary jurisdiction requires that the NLRB be given a reasonable period of time to liquidate the disputed claim.
I
The Debtor, Holland Industries, Inc., (“Holland”), is a bus company. In 1982, it formed a new corporate…
2Cases cited23 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Kelly v. RobinsonSupreme Court of the United States · 1986
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
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3Cited by3 opinions
- Holland Industries, Inc. v. United States (In Re Holland Industries, Inc.)United States Bankruptcy Court, S.D. New York · 1989
- Hiser v. Pennsylvania, Department of Public Welfare (In Re St. Mary Hospital)United States Bankruptcy Court, E.D. Pennsylvania · 1991
- In Re Drexel Burnham Lambert Group Inc.United States Bankruptcy Court, S.D. New York · 1990