Legal Opinion
Ciavarella v. Salituri
Court of Appeals for the Second Circuit
Decided January 28, 1946No. 183PublishedCited by 20 opinions
1Opinion of the Court
FRANK, Circuit Judge.
The court below had jurisdiction to vacate the stays and properly exercised it. The only question is as to that part of its order adjudicating that the creditor’s claim was not discharged.
Before Local Loan Co. v. Hunt, 292 U.S. 234, 54 S.Ct. 695, 78 L.Ed. 1230, 93 A.L.R. 195, it had been held and it was generally believed that in no circumstances could the bankruptcy court have jurisdiction to determine whether a claim had been discharged. In this Circuit and elsewhere, Local Loan v. Hunt has been interpreted to mean that that ancillary jurisdiction is exceedingly narrow,…
2Cases cited5 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Spector Motor Service, Inc. v. McLaughlinSupreme Court of the United States · 1944
- Greenfield v. TuccilloCourt of Appeals for the Second Circuit · 1942
- Devereaux v. BelseyCourt of Appeals for the Second Circuit · 1935
- Watts v. EllithorpeCourt of Appeals for the First Circuit · 1943
3Cited by20 opinions
- Kathleen Poolman v. William F. Poolman, BankruptCourt of Appeals for the Eighth Circuit · 1961
- Milando v. PerroneCourt of Appeals for the Second Circuit · 1946
- In the Matter or Lowell S. Fallick, Bankrupt-Appellant v. Harry KehrCourt of Appeals for the Second Circuit · 1966
- Grand Union Equipment Co. v. LippnerCourt of Appeals for the Second Circuit · 1948
- Sword Line, Inc. v. Industrial Commissioner of State of New YorkCourt of Appeals for the Second Circuit · 1954
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