Legal Opinion
In re Newport Creamery, Inc.
United States Bankruptcy Court, D. Rhode Island
Decided February 15, 2002No. 01-13196PublishedCited by 4 opinions
1Opinion of the Court
ORDER STRIKING NOTICE OF REMOVAL
ARTHUR N. VOTOLATO, Bankruptcy Judge.
Newberg, LP and Robert E. Swain wish to remove to this Court a civil action pending against them in the Worcester County Superior Court in Massachusetts. From the outset, the Court questioned the efficacy of the removal, since the Applicants are not seeking removal of the case to a federal court for the “district and division” where the case is pending, see Fed. R. BankrJP. 9027(a)(1); 28 U.S.C. § 1452(a), but the filing was accepted de bene on the Applicants’ representation that there was ample case law supporting the…
2Cases cited3 opinions
- Aztec Industries, Inc. v. Standard Oil Co. (In Re Aztec Industries, Inc.)United States Bankruptcy Court, N.D. Ohio · 1987
- Cook v. CookUnited States Bankruptcy Court, E.D. Michigan · 1997
- Cook v. CookUnited States Bankruptcy Court, E.D. Michigan · 1997
3Cited by4 opinions
- Ind. Hotel Equities, LLC v. Ind. Airport Auth. (In re Ind. Hotel Equities, LLC)United States Bankruptcy Court, E.D. Michigan · 2018
- Sunset Marine of Puerto Rico, Inc. v. Tracker Marine, LLCUnited States Bankruptcy Court, D. Puerto Rico · 2013
- Sunset Marine of Puerto Rico, Inc. v. Tracker Marine, LLC & Mako Marine International, LLC, f/k/a Mako Marine International, Inc., Bass Pro GroupUnited States Bankruptcy Court, D. Puerto Rico · 2013
- Sunset Marine of Puerto Rico, Inc. v. Tracker Marine, LLC & Mako Marine International, LLC, f/k/a Mako Marine International, Inc., Bass Pro GroupUnited States Bankruptcy Court, D. Puerto Rico · 2013