Legal Opinion
Philadelphia Gold Corp. v. Fauzio (In Re Philadelphia Gold Corp.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided December 12, 1985No. 19-11287PublishedCited by 34 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge:
In this case we are confronted with two predominant issues, the first of which is whether we should permanently enjoin a creditor of both the debtor and one of the debtor’s principals from pursuing in federal district court a civil action against the principal. The second issue is whether a debt- or in a civil action pending in the United States District Court may remove that action to the bankruptcy court. On the first issue we conclude that the creditor should not be enjoined, while on the second issue we hold that removal may be effected.
We summarize…
2Cases cited10 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Lynch v. Johns-Manville Sales Corp.Court of Appeals for the Sixth Circuit · 1983
- Johns-Manville Corp. v. Asbestos Litigation Group (In Re Johns-Manville Corp.)District Court, S.D. New York · 1984
- Janet E. Pitts v. Unarco Industries, Inc.Court of Appeals for the Seventh Circuit · 1983
- Lahman Manufacturing Co. v. First National Bank of Aberdeen (In Re Lahman Manufacturing Co.)United States Bankruptcy Court, D. South Dakota · 1983
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3Cited by34 opinions
- In the Matter of S.I. Acquisition, Inc., Debtor. S.I. Acquisition, Inc. v. Eastway Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1987
- Maritime Electric Co. v. United Jersey BankCourt of Appeals for the Third Circuit · 1991
- Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)Court of Appeals for the Third Circuit · 1992
- Wyssbrod v. WittjenMississippi Supreme Court · 2001
- AMA Management Corp. v. StrasburgerCourt of Appeals of South Carolina · 1992
29 more not listed; retrieve them via the Exa API.