Legal Opinion
In Re David Lee Carraher and Phyllis Diane Carraher, Debtors. David L. Carraher Phyllis D. Carraher, and Ronald C. Lapekas v. Morgan Electronics, Inc.
Court of Appeals for the Ninth Circuit
Decided July 28, 1992No. 91-15638PublishedCited by 91 opinions
1Per curiam
The bankruptcy court dismissed the Car-rahers’ bankruptcy case, but retained jurisdiction over the Carrahers’ related fraud case against defendants. The court ruled that res judicata barred the fraud claims. 1 The district court affirmed.
The questions on appeal are three: (1) Does dismissal of the underlying bankruptcy case automatically divest the bankruptcy court of jurisdiction over related cases, such as the Carrahers’ fraud case? (2) If not, what factors . must the bankruptcy court considér in deciding whether to retain or relinquish jurisdiction over such cases? (3) Was the award of…
2Cases cited5 opinions
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- Jacqueline R. Harrell Michael Harrell v. 20th Century Insurance Company, and Bradley ScottCourt of Appeals for the Ninth Circuit · 1991
- Stitt v. WilliamsCourt of Appeals for the Ninth Circuit · 1990
- United States v. City of Twin FallsCourt of Appeals for the Ninth Circuit · 1986
- Jerry Michael Conn v. Cso Borjorquez, and Frank Terry, Major, Employed at Arizona State Prison--FlorenceCourt of Appeals for the Ninth Circuit · 1992
3Cited by91 opinions
- The Matter of Zale Corporation, Debtor. Alan D. Feld, and National Union Fire Insurance Company, Inc., of Pittsburgh, Pennsylvania v. Zale CorporationCourt of Appeals for the Fifth Circuit · 1995
- Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- In Re Erwin A. Porges, Also Known as E. Allen Porges, Debtor. Erwin A. Porges, Also Known as E. Allen Porges v. Gruntal & Company, IncorporatedCourt of Appeals for the Second Circuit · 1995
- Davis v. Courington (In Re Davis)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In the Matter of Jimmie L. QUERNER, Sr., Debtor. Thera QUERNER, Appellant, v. Jimmie L. QUERNER, Jr., AppelleeCourt of Appeals for the Fifth Circuit · 1993
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