Miles v. Okun (In Re Miles)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
In these appeals, we hold that Congress preempted state law remedies when it enacted 11 U.S.C. § 303 providing for involuntary bankruptcies and, at § 303(i), prescribed a set of remedies against unsuccessful petitioners in involuntary bankruptcies. Thus, we AFFIRM the dismissal of removed state law actions filed by relatives of an alleged debtor seeking tort damages for the filing of an involuntary bankruptcy.
This decision complements the opinion of another panel, Franklin v. Four Media Co. (In re Mike Hammer Prods., Inc.), 294 B.R. 752, BAP Nos. CC-02-1433…
2Cases cited19 opinions
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
- Maryland v. LouisianaSupreme Court of the United States · 1981
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3Cited by14 opinions
- Miles v. OkunCourt of Appeals for the Ninth Circuit · 2005
- B-Real, LLC v. Chaussee (In Re Chaussee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- In Re John Richards Homes Bldg. Co., LLCUnited States Bankruptcy Court, E.D. Michigan · 2003
- ALT Hotel, LLC v. DiamondRock Allerton Owner, LLC (In re ALT Hotel, LLC)United States Bankruptcy Court, N.D. Illinois · 2012
- Franklin v. Four Media Co. (In Re Mike Hammer Productions, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
9 more not listed; retrieve them via the Exa API.