Legal Opinion

Holly's, Inc. v. City of Kentwood (In Re Holly's, Inc.)

United States Bankruptcy Court, W.D. Michigan

Decided September 30, 1994No. 15-06706PublishedCited by 45 opinions

1Opinion of the Court

OPINION REGARDING CITY OF KENT-WOOD’S MOTION FOR SUMMARY JUDGMENTITO DISMISS/TO ABSTAIN

JAMES D. GREGG, Bankruptcy Judge.

I. ISSUES

This adversary proceeding raises a number of complicated issues. Does this court have jurisdiction to hear, and render a final order or judgment in, this adversary proceeding, which was filed after confirmation of the Debtor’s chapter 11 plan of reorganization? Even if the court has jurisdiction over this adversary proceeding for the tax years 1989 through 1992, does the court have jurisdiction to determine the Debtor’s 1993 tax liability, which was assessed after…

2Cases cited36 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  3. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  4. Commissioner v. SunnenSupreme Court of the United States · 1948
  5. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984

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3Cited by45 opinions

  1. CoreStates Bank, N.A. v. Huls America, Inc.Court of Appeals for the Third Circuit · 1999
  2. In Re Leckie Smokeless Coal Company New River Mineral Resources Company Gould Resources, Incorporated, Debtors (Two Cases). United Mine Workers of America 1992 Benefit Plan, and Its Trustees United Mine Workers of America Combined Benefit Fund, and Its Trustees, Movants-Appellants v. Leckie Smokeless Coal Company New River Mineral Resources Company Gould Resources, Incorporated Royal Scot Minerals, Incorporated, and Unsecured Creditors Committee Office of the United States Trustee, Parties-In-Interest. United Mine Workers of America 1992 Benefit Plan, and Its Trustees United Mine Workers of America Combined Benefit Fund, and Its Trustees, Movants-Appellants v. Leckie Smokeless Coal Company New River Mineral Resources Company Gould Resources, Incorporated Royal Scot Minerals, Incorporated, and Unsecured Creditors Committee United States Trustee, Parties-In-Interest. In Re Lady H Coal Company, Incorporated Consolidated Sewell, Incorporated Sewell Coal Company Leivasy Mining Corporation Eastwood Construction, Incorporated, Debtors (Two Cases). Lady H Coal Company, Incorporated Consolidated Sewell, Incorporated Sewell Coal Company Leivasy Mining Corporation Eastwood Construction, Incorporated, Debtors-Appellees v. United Mine Workers of America 1992 Benefit Plan, and Its Trustees, Movant-Appellant, and United Mine Workers of America Combined Benefit Fund, and Its Trustees, Movant, and International Union, United Mine Workers of America District 17, United Mine Workers of America, Parties-In-Interest. Lady H Coal Company, Incorporated Consolidated Sewell, Incorporated Leivasy Mining Corporation Eastwood Construction, Incorporated, Debtors-Appellees v. United Mine Workers of America 1992 Benefit Plan, and Its Trustees, Movant-Appellant, and International Union, United Mine Workers of America District 17, United Mine Workers of America, Parties-In-InterestCourt of Appeals for the Fourth Circuit · 1996
  3. Kelley v. South Bay Bank (In Re Kelley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  4. In Re Winom Tool and Die, Inc.United States Bankruptcy Court, E.D. Michigan · 1994
  5. Thickstun Bros. Equipment Co. v. Encompass Services Corp. (In Re Thickstun Bros. Equipment Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 2006

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