Legal Opinion

Boyajian v. DeFusco (In Re Giorgio)

District Court, D. Rhode Island

Decided January 31, 1985No. Misc. No. 85-007-S, Bankruptcy No. 83-00260, Adv. No. 84-0016PublishedCited by 28 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SELYA, District Judge.

This is a petition to withdraw a so-called adversary proceeding from the Bankruptcy Court for this District pursuant to 28 U.S.C. § 157(d). The statute provides in pertinent part that the District Court “shall, on timely motion of a party, withdraw a proceeding if the court determines that resolution of the proceeding requires consideration of both Title 11 and other laws of the United States regulating organizations or activities affecting interstate commerce.” (Emphasis supplied). 1 The petition also seeks to stay further proceedings in the…

2Cases cited7 opinions

  1. Bishop v. United StatesCourt of Appeals for the Eighth Circuit · 1926
  2. Chafin v. United StatesCourt of Appeals for the Fourth Circuit · 1925
  3. Matter of Baldwin United Corp.United States Bankruptcy Court, S.D. Ohio · 1984
  4. In Re GreeneDistrict Court, D. Rhode Island · 1983
  5. In Re Harbour House Operating Corp., Debtors. Appeal of Deja Vu, Inc.Court of Appeals for the First Circuit · 1983

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

3Cited by28 opinions

  1. In Re Baldwin-United Corp.District Court, S.D. Ohio · 1985
  2. In the Matter of Donald Arthur POWELSON and Mary Margie Powelson, Debtors. Appeal of James M. MORE, TrusteeCourt of Appeals for the Seventh Circuit · 1989
  3. In Re Texaco Inc.District Court, S.D. New York · 1988
  4. United States v. KaplanDistrict Court, D. Massachusetts · 1992
  5. Bank of New York v. HoytDistrict Court, D. Rhode Island · 1985

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

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