Elkins v. X-Alpha Int'l, Ltd. (In Re Kennedy)
United States Bankruptcy Court, D. Arizona
1Opinion of the Court
MEMORANDUM OF DECISION
GEORGE B. NIELSEN, Jr., Bankruptcy Judge.
Several defendants in a pending Marico-pa County, Arizona Superior Court lawsuit sought Bankruptcy Court jurisdiction over the suit by voluntarily filing a removal application in this Court. 28 U.S.C. § 1452(a). Thereafter, plaintiffs’ motion to remand the proceeding back to the state system was granted. Defendants now object that such remand can only be entered by the Arizona District Court. 28 U.S.C. § 157(c)(1). 1 This objection was denied on April 16, 1985. Although no case law was cited in support of defendants’ objection, I…
2Cases cited7 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Lesser v. A-Z Associates (In Re Lion Capital Group)United States Bankruptcy Court, S.D. New York · 1985
- Henry v. United StatesSupreme Court of the United States · 1920
- In Re Tidewater Group, Inc.Court of Appeals for the Third Circuit · 1984
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3Cited by21 opinions
- 18 Collier bankr.cas.2d 717, Bankr. L. Rep. P 72,183 in Re Titan Energy, Inc. National Union Fire Insurance Company of Pittsburgh, Pa. v. Titan Energy, Inc.Court of Appeals for the Eighth Circuit · 1988
- O'Toole v. McTaggart (In Re Trinsum Group, Inc.)United States Bankruptcy Court, S.D. New York · 2012
- Earle Industries, Inc. v. Circuit Engineering, Inc. (In Re Earle Industries, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Gianakas v. Exchange National Bank of Chicago (In Re Gianakas)District Court, N.D. Illinois · 1985
- General Instrument Corp. v. Financial & Business Services, Inc. (In Re Finley)United States Bankruptcy Court, N.D. Georgia · 1986
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