Legal Opinion
Shaford Companies v. Curr International Coffees, Inc. (In Re Shaford Companies)
United States Bankruptcy Court, D. New Hampshire
Decided September 11, 1985No. 19-10328PublishedCited by 26 opinions
1Opinion of the Court
MEMORANDUM OPINION
JAMES E. YACOS, Bankruptcy Judge.
This adversary lawsuit brought by the debtor in a Chapter 11 proceeding is before the court on motions filed by the defendant seeking determination that the lawsuit be dismissed, or that this court abstain from hearing the same, on various grounds. Included in the defendant’s contentions is the assertion that if 28 U.S.C. § 157 (effective July 10, 1984) authorizes an untenured bankruptcy judge to try and determine the issues in this lawsuit, the statutory provision is unconstitutional as violative of the “judicial power” clause of Article III…
2Cases cited23 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Kolender v. LawsonSupreme Court of the United States · 1983
- Gulf Oil Co. v. BernardSupreme Court of the United States · 1981
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- City of Mobile v. BoldenSupreme Court of the United States · 1980
18 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Acolyte Electric Corp. v. City of New YorkUnited States Bankruptcy Court, E.D. New York · 1986
- United Security & Communications, Inc. v. Rite Aid Corp. (In Re United Security & Communications, Inc.)United States Bankruptcy Court, S.D. Ohio · 1988
- Jefferson National Bank v. I.A. Durbin, Inc. (In Re I.A. Durbin, Inc.)District Court, S.D. Florida · 1986
- Century Brass Products, Inc. v. Millard Metals Service Center, Inc. (In Re Century Brass Products, Inc.)United States Bankruptcy Court, D. Connecticut · 1986
- Atlas Fire Apparatus, Inc. v. Beaver (In Re Atlas Fire Apparatus, Inc.)United States Bankruptcy Court, E.D. North Carolina · 1986
21 more not listed; retrieve them via the Exa API.