Legal Opinion

In Re Modern Boats, Inc., Debtor. Slay Warehousing Co., Inc. v. Modern Boats, Inc.

Court of Appeals for the Fifth Circuit

Decided October 31, 1985No. 84-3844PublishedCited by 29 opinions

1Opinion of the Court

OPINION

2Per curiam

Appellant Slay Warehousing urges us to declare void the district court’s judgment affirming an order of the bankruptcy court. Slay’s sole complaint is that the bankruptcy court lacked subject matter jurisdiction to order it to turn over the M/Y MODERN, which appellee Modern Boats owned. Slay bottoms its argument on the fact that before Modern Boats filed a petition for reorganization under Chapter 11 of the Bankruptcy Code an admiralty court had acquired in rem jurisdiction over the vessel. Slay had brought the action to enforce a maritime lien. Because we agree with the district court…

3Cases cited3 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Kenneth J. Masat v. United States of America and Robert Solorio, Jr., Agent for the Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1984
  3. In Re Louisiana Ship Management, Inc.Court of Appeals for the Fifth Circuit · 1985

4Cited by29 opinions

  1. In Re John Paul White, Debtor, John Paul White v. Patricia Ann WhiteCourt of Appeals for the Sixth Circuit · 1988
  2. In Re Lionel CorporationCourt of Appeals for the Second Circuit · 1994
  3. In re United States Brass Corp.Court of Appeals for the Seventh Circuit · 1997
  4. In RE: MILLENIUM SEACARRIERS, INC., DEBTOR, UNIVERSAL OIL LTD, LIBERIAN INTERNATIONAL SHIP & CORPORATE REGISTRY, LLC v. ALLFIRST BANK, FORMERLY KNOWN AS FIRST NATIONAL BANK OF MARYLAND, FORMERLY KNOWN AS WAYLAND INVESTMENT FUNDS, LLC, ASPIDA TRAVEL, LTD, ASSURANCE FORENINGEN SKULD (GJENSIDIG)—DEN DAN, BREAKBULK MARINE SERVICES, LTD., CANFORNAV, LTD., THE CREW OF THE DEBTOR'S VESSELL DET NORSKE VERITAS FUEL AND MARINE MARKETING, GULF STATES MARINE, INC, IHI MARINE CO., LTD., KENT TRADE & FINANCE, MARITIME TRANSPORT WORKERS UNION OF RUSSIA, OMNI NAVIGATION, LTD., ORIENT SHIPPING, PACNAV, S.A., PANCOAST TRADING, S.A., TOTAL FINA ELF LUBRIFIANTS, S.A., UNISERVICE MEDITERRA, PRAXIS ENERGY AGENTS S.A., PRAXIS ENERGY AGENTS S.A. v. ALLFIRST BANK, FORMERLY KNOWN AS FIRST NATIONAL BANK OF MARYLAND, FORMERLY KNOWN AS WAYLAND INVESTMENTS FUNDS, LLC, MILLENIUM SEACARRIERS, INC., IVY NAVIGATION, LTD., MILLENIUM II, INC., MILLENIUM IV, INC., MILLENIUM V, INC., MILLENIUM VI, INC., MILLENIUM ALEKSANDER, INC., MILLENIUM AMETHYST, INC., MILLENIUM ASSET INC., MILLENIUM BALTIC, INC., ASPIDA TRAVEL, LTD., ASSURANCE FORENINGEN SKULD (GJENSIDIG)—DEN DAN, BREAKBULK MARINE SERVICES, LTD., CANFORNAV, LTD., THE CREW OF THE DEBTOR'S VESSELL DET NORSKE VERITAS FUEL AND MARINE MARKETING, GULF STATES MARINE, INC, IHI MARINE CO., LTD., KENT TRADE & FINANCE, MARITIME TRANSPORT WORKERS, UNION OF RUSSIA, OMNI NAVIGATION, LTD., ORIENT SHIPPING, PACNAV, S.A., PANCOAST TRADING S.A., TOTAL FINA ELF LUBRIFIANTS, S.A., UNISERVICE MEDITERRACourt of Appeals for the First Circuit · 2005
  5. Universal Oil Ltd. v. Allfirst BankCourt of Appeals for the Second Circuit · 2005

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