Legal Opinion
Whittington v. Gilbralter Savings & Loan Ass'n (In Re Spain)
United States Bankruptcy Court, N.D. Alabama
Decided April 14, 1988No. 19-80301PublishedCited by 6 opinions
1Opinion of the Court
FINDINGS OF FACT AND OPINION
STEPHEN B. COLEMAN, Bankruptcy Judge.
This is the third Opinion 1 written by this Court in this Adversary Proceeding, which has been pending since October 11, 1983, and the case is now being heard on the mandate of the Court of Appeals in the case of John P. Whittington, Trustee v. Mary P. Spain, et al, BK A.P. No. 83-1122, ruling that the debtor’s wife had a destructible right of survivorship in a joint tenancy with her husband in their homestead.
This Court now rules that it has no jurisdiction to entertain or hear this Adversary Proceeding because Section 363(h)…
2Cases cited17 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Katchen v. LandySupreme Court of the United States · 1966
- United States v. Security Industrial BankSupreme Court of the United States · 1982
- Wright v. Union Central Life InsuranceSupreme Court of the United States · 1941
- Schumacher v. BeelerSupreme Court of the United States · 1934
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re Bernard Persky and Stuart Persky, Debtors. Community National Bank and Trust Company of New York v. Stuart Persky and Ronnie PerskyCourt of Appeals for the Second Circuit · 1989
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen)United States Bankruptcy Court, W.D. Wisconsin · 1989
- Price v. Harris (In Re Harris)United States Bankruptcy Court, E.D. Virginia · 1993
- Armstrong v. Trout (In Re Trout)United States Bankruptcy Court, D. North Dakota · 1992
- Whittington v. Gilbralter Savings & Loan Ass'n (In Re Spain)District Court, N.D. Alabama · 1988
1 more not listed; retrieve them via the Exa API.