Legal Opinion
Bankr. L. Rep. P 71,041 Delgado Oil Company, Inc. v. Michael R. Torres, James R. Cleveland
Court of Appeals for the Tenth Circuit
Decided March 5, 1986No. 84-1064PublishedCited by 109 opinions
1Opinion of the Court
JOHN P. MOORE, Circuit Judge.
This is a diversity case in which plaintiff Delgado Oil Company (Delgado) recovered a judgment from defendant James R. Cleveland (Cleveland) upon a common law theory that Cleveland, a director of an insolvent corporation, Balducci Oil Company, Inc. (Balducci), was liable for losses incurred by the plaintiff. This action was maintained even though Balducci had filed a petition for reorganization under Chapter 11 of the Bankruptcy Code. We hold the filing of the bankruptcy proceeding deprived the district court of subject matter jurisdiction over this case, and we…
2Cases cited10 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Treinies v. Sunshine Mining Co.Supreme Court of the United States · 1940
- In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
- Russell B. Tafoya and Lydia Tafoya v. U.S. Department of Justice, Law Enforcement Assistance AdministrationCourt of Appeals for the Tenth Circuit · 1984
- Ficor, Inc. v. McHughSupreme Court of Colorado · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by109 opinions
- In the Matter of S.I. Acquisition, Inc., Debtor. S.I. Acquisition, Inc. v. Eastway Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1987
- St. Paul Fire and Marine Insurance Company v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1989
- Torch Liquidating Trust Ex Rel. Bridge Associates L.L.C. v. StockstillCourt of Appeals for the Fifth Circuit · 2009
- Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities, LLCUnited States Bankruptcy Court, S.D. New York · 2011
- Koch Refining v. Farmers Union Central Exchange, Inc.Court of Appeals for the Seventh Circuit · 1987
104 more not listed; retrieve them via the Exa API.