Legal Opinion

McCallum v. Upland Car Wash (In Re McCallum)

United States Bankruptcy Court, C.D. California

Decided November 3, 1980No. Bankruptcy 79-25021 PEPublishedCited by 16 opinions

1Opinion of the Court

ORDER REMANDING CIVIL ACTION TO STATE COURT

PETER M. ELLIOTT, Bankruptcy Judge.

Counsel for Defendant Ellingson requests a trial setting of this removed state court action. Upon review of the file, I conclude that the action should not have been removed and therefore it will be remanded to state court.

This was the first removal to have been considered by me and was casually ordered based upon the stipulation of the parties agreeing to removal. I was then unfamiliar with our Local Rule 7004. Local Rule 7004 is the same as Rule 7004 as recommended by Advisory Committee on Bankruptcy Rules of the…

2Cases cited3 opinions

  1. Richard Francis Hallenbeck and Gertrude D. Hallenbeck v. Penn Mutual Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1963
  2. Herrera v. Exxon Corp.: Exxon Co., U. S. A.District Court, N.D. California · 1977
  3. Robinson v. LaChanceDistrict Court, E.D. North Carolina · 1962

3Cited by16 opinions

  1. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  2. Mazur v. U. S. Air Duct Corp. (In Re U. S. Air Duct Corp.)United States Bankruptcy Court, N.D. New York · 1981
  3. Crown Central Petroleum Corp. v. Wechter (In Re General Oil Distributors, Inc.)United States Bankruptcy Court, E.D. New York · 1982
  4. Stamm v. Rapco Foam, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 1982
  5. Circle Litho, Inc. v. Ryder Truck Lines, Inc. (In Re Circle Litho, Inc.)United States Bankruptcy Court, D. Connecticut · 1981

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