Legal Opinion

In Re Gerard J. Cantwell, Debtor. Appeal of Continental Bank and Beatrice Pitt and Samuel Pitt

Court of Appeals for the Third Circuit

Decided February 4, 1981No. 80-1711PublishedCited by 64 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This is an appeal from an order of the district court sitting in bankruptcy which reversed an order of the bankruptcy court and thereby dissolved a stay of appellee’s discharge in bankruptcy. Appellee claims the district court order is not appealable, that the matter is now moot, and that the court did not abuse its discretion in dissolving the stay. We do not reach the merits because, for the reasons stated below, we hold this appeal must be dismissed.

Facts

The relevant facts are not in dispute. On June 26, 1978 appellee, Gerard J. Cantwell, filed a…

2Cases cited12 opinions

  1. In the Matter of Combined Metals Reduction Company, Debtor (Ten Cases). Irving Bennett v. Paul Gemmill, Trustee, (Four Cases). Irving Bennett v. W. Lamonte Robison, Trustee, (Four Cases). Irving Bennett v. Paul Gemmill, Trustee, Jeremiah Milbank, and Milbank & Co., Irving Bennett, Entrada Industries, Inc. (Wasatch Chemical Division), Charles A. Steen, Individually, Charles A. Steen, as Custodian for His Sons and Heirs, and Charles A. Steen on Behalf of the Steen Foundation v. Paul Gemmill, TrusteeCourt of Appeals for the Ninth Circuit · 1977
  2. In the Matter of Lloyd James Durensky, Bankrupt. United States of America v. Lloyd James DurenskyCourt of Appeals for the Fifth Circuit · 1975
  3. Alton & Southern Railway Company v. International Association Of Machinists & Aerospace WorkersCourt of Appeals for the D.C. Circuit · 1972
  4. Ritchie A. Harris v. Manufacturers National Bank of Detroit, a National Banking AssociationCourt of Appeals for the Sixth Circuit · 1972
  5. In Re American Bantam Car Co.Court of Appeals for the Third Circuit · 1952

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3Cited by64 opinions

  1. In Re Aov Industries, Inc., Hubert R. Bruce, Appeal of Hawley Fuel Coalmart, Inc. And Hawley Fuel Coal, Inc.Court of Appeals for the D.C. Circuit · 1986
  2. Bankr. L. Rep. P 74,609 in Re Public Service Company of New Hampshire, Debtor. Martin Rochman v. Northeast Utilities Service GroupCourt of Appeals for the First Circuit · 1992
  3. Pharmachemie B.V. v. Barr Laboratories, Inc.Court of Appeals for the D.C. Circuit · 2002
  4. General Electric Co. v. CathcartCourt of Appeals for the Third Circuit · 1992
  5. Raymark Industries, Inc., Debtor-Appellant v. George Q. LaiCourt of Appeals for the Third Circuit · 1992

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