Legal Opinion

Elkins v. X-Alpha Int'l, Ltd. (In Re Kennedy)

United States Bankruptcy Court, D. Arizona

Decided April 24, 1985No. Bankruptcy Nos. B-82-1535-PHX-GBN, B-82-3068-PHX-GBN, Adv. No. 84-670-GBNPublishedCited by 21 opinions

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

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  3. Lesser v. A-Z Associates (In Re Lion Capital Group)United States Bankruptcy Court, S.D. New York · 1985
  4. Henry v. United StatesSupreme Court of the United States · 1920
  5. In Re Tidewater Group, Inc.Court of Appeals for the Third Circuit · 1984

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. 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
  2. O'Toole v. McTaggart (In Re Trinsum Group, Inc.)United States Bankruptcy Court, S.D. New York · 2012
  3. Earle Industries, Inc. v. Circuit Engineering, Inc. (In Re Earle Industries, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. Gianakas v. Exchange National Bank of Chicago (In Re Gianakas)District Court, N.D. Illinois · 1985
  5. General Instrument Corp. v. Financial & Business Services, Inc. (In Re Finley)United States Bankruptcy Court, N.D. Georgia · 1986

16 more not listed; retrieve them via the Exa API.

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