Legal Opinion

Hoyt v. Aerus Holdings, L.L.C.

United States Bankruptcy Court, D. Arizona

Decided March 10, 2011No. Adversary 2:10-ap-02204-RJHPublished

1Opinion of the Court

ORDER DENYING MOTION TO REMAND, IN PART, and

ORDER TRANSFERRING VENUE TO TENNESSEE

RANDOLPH J. HAINES, Bankruptcy Judge.

Pending before the Court are Plaintiffs’ motion to remand this removed state court action, and Defendants’ motion to transfer venue to the United States Bankruptcy Court for the Eastern District of Tennessee, where is pending the Chapter 7 1 bankruptcy case of Phoenix EQ Holdings Company, Inc. Because the Court con- eludes this action is at least “related to” the Phoenix EQ bankruptcy case, the Court denies the motion to remand and orders the transfer of venue to Tennessee.

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2Cases cited13 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  3. In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
  4. In re Pegasus Gold Corp.Court of Appeals for the Ninth Circuit · 2005
  5. In Re Resorts International, Inc.Court of Appeals for the Third Circuit · 2004

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