Geruschat v. Ernst & Young, LLP (In Re Earned Capital Corp.)
United States Bankruptcy Court, W.D. Pennsylvania
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
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- Katchen v. LandySupreme Court of the United States · 1966
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3Cited by22 opinions
- Geruschat v. Ernst Young LLP (In Re Seven Fields Development Corp.)Court of Appeals for the Third Circuit · 2007
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- Padilla v. GMAC Mortgage Corp. (In Re Padilla)United States Bankruptcy Court, E.D. Pennsylvania · 2008
- Bricker v. MartinDistrict Court, W.D. Pennsylvania · 2006
- Lohmeyer v. Alvin's Jewelers (In Re Lohmeyer)United States Bankruptcy Court, N.D. Ohio · 2007
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