Legal Opinion

Cook v. Cook

United States Bankruptcy Court, E.D. Michigan

Decided October 9, 1997No. 19-41536PublishedCited by 6 opinions

1Opinion of the Court

OPINION REGARDING DEFENDANTS’ MOTION FOR TRANSFER AND PLAINTIFF’S MOTION FOR REMAND

ARTHUR J. SPECTOR, Bankruptcy Judge.

Introduction

The facts giving rise to this dispute were outlined in an opinion entered previously. See Cook v. Cook, 215 B.R. 975 (Bankr.E.D.Mich.1997). As explained in that opinion, the Court reserved decision on, and asked the parties to brief, the question of whether the case is subject to removal from state court. For the reasons set forth hereafter, we answer that question in the negative.

Discussion

Federal law provides that “[a] party may remove any claim or cause of…

2Cases cited22 opinions

  1. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  2. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  3. Morton v. MancariSupreme Court of the United States · 1974
  4. Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
  5. Jernigan v. Ashland Oil Inc.Court of Appeals for the Fifth Circuit · 1993

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

3Cited by6 opinions

  1. Blachy v. ButcherCourt of Appeals for the Sixth Circuit · 2000
  2. Noletto v. Nationsbanc Mortgage Corp. (In Re Noletto)United States Bankruptcy Court, S.D. Alabama · 2000
  3. Lee v. MillerDistrict Court, S.D. Mississippi · 2001
  4. Harker v. Wells Fargo Bank, NA (In Re Krause)United States Bankruptcy Court, S.D. Ohio · 2009
  5. In re Newport Creamery, Inc.United States Bankruptcy Court, D. Rhode Island · 2002

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

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