Legal Opinion

Wagner v. Amwest Insurance Group (In Re Amwest Insurance Group)

United States Bankruptcy Court, C.D. California

Decided October 24, 2002No. Bankruptcy No. SV 01-17081 GM, Adversary No. SV 02-01127 GMPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OF OPINION ON PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION ON THE FIRST CLAIM FOR RELIEF RE BANKRUPTCY COURT JURISDICTION

GERALDINE MUND, Chief Judge.

I. INTRODUCTION

This memorandum of opinion deals with the question whether the Bankruptcy Court has jurisdiction over a tax allocation agreement already subject to a pending liquidation proceeding in a Nebraska District Court. The agreement controls the allocation of an asset held by the Debtor consisting of approximately $2.75 million in tax refunds. Specifically, the opinion addresses whether (1) this Court is preempted from…

2Cases cited9 opinions

  1. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  2. Securities & Exchange Commission v. National Securities, Inc.Supreme Court of the United States · 1969
  3. Union Labor Life Insurance v. PirenoSupreme Court of the United States · 1982
  4. Barnett Bank of Marion County, N. A. v. NelsonSupreme Court of the United States · 1996
  5. United States Department of Treasury v. FabeSupreme Court of the United States · 1993

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3Cited by9 opinions

  1. In Re First Assured Warranty Corp.United States Bankruptcy Court, D. Colorado · 2008
  2. Logan v. Credit General Insurance Co. (In Re PRS Insurance Group, Inc.)United States Bankruptcy Court, D. Delaware · 2005
  3. Logan v. Credit General Insurance Co. (In Re PRS Insurance Group)United States Bankruptcy Court, D. Delaware · 2003
  4. Ames Department Stores Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores Inc.)District Court, S.D. New York · 2014
  5. In Re Medical Care Management Co.United States Bankruptcy Court, M.D. Tennessee · 2003

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