Legal Opinion

Perino v. Cohen (In Re Cohen)

District Court, S.D. New York

Decided November 29, 1989No. Bankruptcy No. 87B30122, Adv. No. 87-7018, No. 89 Civ. 7128-CLBPublishedCited by 45 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

BRIEANT, Chief Judge.

By motion fully submitted to this Court for decision on November 21, 1989 after a hearing, plaintiff Frank Perino moves for a withdrawal of the reference pursuant 28 U.S.C. § 157(d) and Bankruptcy Rule 5011, to permit a jury trial of his tort claim against the Debtor to be held before a district judge.

The Debtor in this proceeding under Chapter 7 of the Bankruptcy Code was the individual owner and operator of a restaurant in Woodstock, New York, known as the Cafe Expresso.

Plaintiff claimed that prior to filing the proceeding, the Debtor discriminated…

2Cases cited5 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  3. Escondido Mutual Water Co. v. La Jolla Band of Mission IndiansSupreme Court of the United States · 1984
  4. North Dakota v. United StatesSupreme Court of the United States · 1983
  5. Perino v. Cohen (In Re Cohen)United States Bankruptcy Court, S.D. New York · 1988

3Cited by45 opinions

  1. In Re United Missouri Bank of Kansas City, N.A.Court of Appeals for the Eighth Circuit · 1990
  2. In the Matter of Grabill Corporation, Camdon Companies, Incorporated, Foxxford Group Limited, Debtors. Appeal of Ncnb National Bank of North CarolinaCourt of Appeals for the Seventh Circuit · 1992
  3. In Re Raymond Clay and Scott Clay, D/B/A the EmporiumCourt of Appeals for the Fifth Circuit · 1994
  4. Stranz v. Ice Cream Liquidation, Inc. (In Re Ice Cream Liquidation, Inc.)United States Bankruptcy Court, D. Connecticut · 2002
  5. General American Communications Corp. v. Landsell (In Re General American Communications Corp.)District Court, S.D. New York · 1991

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