Legal Opinion
Swift v. Bellucci (In Re Bellucci)
United States Bankruptcy Court, E.D. California
Decided September 27, 1990No. 09-61155PublishedCited by 42 opinions
1Opinion of the Court
MEMORANDUM DECISION ON MOTION FOR RECONSIDERATION OF SUA SPONTE ORDER STAYING ADVERSARY PROCEEDING AND LIFTING AUTOMATIC STAY
CHRISTOPHER M. KLEIN, Bankruptcy Judge.
This motion for reconsideration poses two issues: (1) whether a bankruptcy court has inherent power to abstain (or defer to state courts) on grounds distinct from the statutory bankruptcy abstentions that are authorized by 11 U.S.C. § 305 and 28 U.S.C. § 1334(c); and (2) whether a bankruptcy court may lift the automatic stay provided by 11 U.S.C. § 362 sua sponte.
The ultimate inquiry is the extent to which a bankruptcy court can…
2Cases cited33 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Landis v. North American Co.Supreme Court of the United States · 1936
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
28 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Tennant v. Rojas (In Re Tennant)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- Fidelity National Title Insurance v. Franklin (In Re Franklin)United States Bankruptcy Court, E.D. California · 1995
- Costa v. Welch (In Re Costa)United States Bankruptcy Court, E.D. California · 1994
- Varela v. Dynamic Brokers, Inc. (In Re Dynamic Brokers, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- Iron-Oak Supply Corp. v. NIBCO, Inc. (In Re Iron-Oak Supply Corp.)United States Bankruptcy Court, E.D. California · 1993
37 more not listed; retrieve them via the Exa API.