Legal Opinion

Geruschat v. Ernst & Young, LLP (In Re Earned Capital Corp.)

United States Bankruptcy Court, W.D. Pennsylvania

Decided September 2, 2005No. 19-20436PublishedCited by 22 opinions

1Opinion of the Court

OPINION

WARREN W. BENTZ, Bankruptcy Judge.

I. Introduction

The within Adversary Complaint was commenced when the Defendants in a state court action removed the pending Complaint to this Court and then filed a Motion to Dismiss the Complaint. The Plaintiffs contest this Court’s jurisdiction and have filed Motion to Remand to the state court.

We have considered the numerous pleadings and briefs filed by the parties and have heard the argument of counsel on both the Motion to Remand and the Motion to Dismiss and find that the matters are ripe for decision.

II. Pleadings

A. Notice of Removal

The…

2Cases cited62 opinions

  1. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  2. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  3. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  4. Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
  5. Katchen v. LandySupreme Court of the United States · 1966

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3Cited by22 opinions

  1. Geruschat v. Ernst Young LLP (In Re Seven Fields Development Corp.)Court of Appeals for the Third Circuit · 2007
  2. American Casein Co. v. Geiger (In Re Geiger)United States Bankruptcy Court, E.D. Pennsylvania · 2010
  3. Padilla v. GMAC Mortgage Corp. (In Re Padilla)United States Bankruptcy Court, E.D. Pennsylvania · 2008
  4. Bricker v. MartinDistrict Court, W.D. Pennsylvania · 2006
  5. Lohmeyer v. Alvin's Jewelers (In Re Lohmeyer)United States Bankruptcy Court, N.D. Ohio · 2007

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

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