Legal Opinion

Popple v. Elliott Greenleaf & Siedzikowski, P.C. (In re Popple)

United States Bankruptcy Court, M.D. Pennsylvania

Decided June 19, 2015No. CASE NO. 5-14-bk-05792 RNO; ADVERSARY NO. 5-15-ap-00050 RNOPublishedCited by 2 opinions

1Opinion of the Court

*584 OPINION 1

Robert N. Opel, II, Bankruptcy Judge

The individual Chapter 11 Debtor filed an adversary proceeding against his former law firm. He alleges that the automatic stay was violated when the law firm sought discovery, post petition, from non-debtor, co-defendants in a pending state court action. The Defendant/law firm filed a Motion to Dismiss for failure to state a claim upon which relief can be granted. For the reasons stated below, I will grant the Motion to Dismiss the Complaint, but allow the Plaintiff/Debtor twenty-one days to file an amended conforming complaint.

I. Jurisdiction

The…

2Cases cited32 opinions

Ashcroft v. IqbalSupreme Court of the United States · 2009
Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993
Kos Pharmaceuticals, Inc. v. Andrx Corporation Andrx Laboratories, IncCourt of Appeals for the Third Circuit · 2004

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3Cited by2 opinions

Harold Jon Jackson, JrUnited States Bankruptcy Court, E.D. Michigan · 2025
Sutton v. JP Morgan Chase Bank, N.A. (In re Washington Mutual, Inc.)United States Bankruptcy Court, D. Delaware · 2017