Legal Opinion
In Re Rivers
United States Bankruptcy Court, E.D. Tennessee
Decided April 14, 1982No. Bankruptcy 1-81-00682PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM
RALPH H. KELLEY, Bankruptcy Judge.
The debtor, Ulysses Rivers, Jr., filed a petition and plan under chapter 13 of the Bankruptcy Code. A creditor, Alabama Furniture Company, filed a motion to dismiss the case.
The motion avers that the court cannot constitutionally exercise jurisdiction in a bankruptcy case ’because the bankruptcy judge does not have the tenure and salary protections afforded to federal judges by Article III, § 1 of the United States Constitution.
The creditor filed a proof of claim for $782.23. The claim was secured by a perfected, unavoidable, purchase money security…
2Cases cited24 opinions
- United States v. RaddatzSupreme Court of the United States · 1980
- Crowell v. BensonSupreme Court of the United States · 1932
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Reid v. CovertSupreme Court of the United States · 1957
- Glidden Co. v. ZdanokSupreme Court of the United States · 1962
19 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- In Re ConleyUnited States Bankruptcy Court, M.D. Tennessee · 1983
- Still v. First Bank of Newton (In Re Jorges Carpet Mills, Inc.)United States Bankruptcy Court, E.D. Tennessee · 1983
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Massachusetts Ex Rel. Department of Public Welfare v. Dartmouth House Nursing Home, Inc. (In Re Dartmouth House Nursing Home, Inc.)Bankruptcy Appellate Panel of the First Circuit · 1983
2 more not listed; retrieve them via the Exa API.