Legal Opinion
Franke v. Fishman (In re Burstein-Applebee Co.)
District Court, W.D. Missouri
Decided February 5, 1982No. Bankruptcy No. 80-00968-3; Civ. No. 81-0407-CV-W-3-6Published
1Opinion of the Court
MEMORANDUM AND ORDER OF REMAND
SACHS, District Judge.
By order of May 19, 1981, the bankruptcy court determined to abstain from proceeding in this matter, pursuant to 28 U.S.C. § 1471(d). As grounds for abstaining, the bankruptcy court noted the current uncertainty regarding the extent to which the exercise of the bankruptcy court’s jurisdiction is constitutional, see Marathon Pipeline Co. v. Northern Pipeline Const. Co., 12 B.R. 946 (D.Minn.1981), probable jurisdiction noted, - U.S. -, 102 S.Ct. 564, 70 L.Ed.2d 472 (1981) and determined that detriment to the creditors of the debtor’s estate…
2Cases cited5 opinions
- Lambert Run Coal Co. v. Baltimore & Ohio RailroadSupreme Court of the United States · 1922
- In the Matter of Royal G. Covey and Norma L. Covey, Individually and as Partners, D/B/A Covey Dodge, Bankrupts-AppellantsCourt of Appeals for the Seventh Circuit · 1981
- Marathon Pipeline Co. v. Northern Pipeline Construction Co.District Court, D. Minnesota · 1981
- Diaz v. BeyerSupreme Court of the United States · 1981
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1981