Legal Opinion

Cain Partnership, Ltd. v. Pioneer Investment Services Co. (In re Pioneer Investment Services Co.)

Court of Appeals for the Sixth Circuit

Decided September 18, 1991No. Nos. 90-5766, 90-6578PublishedCited by 6 opinions

1Opinion of the Court

KENNEDY, Circuit Judge.

Appellant appeals from the District Court’s affirmance of the Bankruptcy Court’s order denying appellant’s motion for relief from an automatic stay and granting debtor’s motion for approval of assumption of an unexpired lease. Two issues are presented to this Court: 1) whether the Bankruptcy Court and District Court had subject matter jurisdiction to adjudicate these motions; and 2) whether the Bankruptcy Court and District Court properly applied Tennessee law to the leasehold issues raised by appellant. For the following reasons, we AFFIRM.

I

A

On April 12, 1989, Pioneer…

2Cases cited7 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Cline v. KaplanSupreme Court of the United States · 1944
  3. In Re Southern Industrial Banking Corporation, Debtor. Thomas Duvoisin, Liquidating Trustee, and Bank of Commerce, Intervening v. Emmett J. FosterCourt of Appeals for the Sixth Circuit · 1987
  4. Acolyte Electric Corp. v. City of New YorkUnited States Bankruptcy Court, E.D. New York · 1986
  5. Bankr. L. Rep. P 72,126 in Re Men's Sportswear, Inc., F/k/a Claude Clement, Ltd., Debtor. Men's Sportswear, Inc. v. Sasson Jeans, Inc.Court of Appeals for the Second Circuit · 1987

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3Cited by6 opinions

  1. Randall Waldman v. Ronald StoneCourt of Appeals for the Sixth Circuit · 2012
  2. Casa Nova, Inc. v. Casa Nova of Lansing, Inc. (In Re Casa Nova of Lansing, Inc.)United States Bankruptcy Court, W.D. Michigan · 1992
  3. Matter of SabecUnited States Bankruptcy Court, W.D. Michigan · 1992
  4. In Re Pioneer Investment Services CompanyCourt of Appeals for the First Circuit · 1991
  5. BN1 Telecommunications, Inc. v. Lomaz (In Re BN1 Telecommunications, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2000

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