Legal Opinion
In re Roloff
Court of Appeals for the Third Circuit
Decided April 26, 1979No. Nos. 78-2394, 78-2395PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge.
This appeal presents a question regarding the summary jurisdiction of a bankruptcy court under Chapter XII of the Bankruptcy Act.1 Specifically, the debtors seek to attack a state court foreclosure judgment by filing an affirmative defense and counterclaim relating to the merits of that judgment, in response to a secured creditor’s complaint to vacate a stay in proceedings before a bankruptcy judge. The district judge held that the bankruptcy court is without jurisdiction to hear affirmative defenses and counterclaims in such circumstances. We agree.
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Ap…
2Cases cited13 opinions
- Katchen v. LandySupreme Court of the United States · 1966
- Heiser v. WoodruffSupreme Court of the United States · 1946
- Bryan v. BernheimerSupreme Court of the United States · 1901
- Samuel A. Haize, D/B/A "Marlene Store" v. Hanover Insurance Co. And Caribbean Atlantic InsuranceCourt of Appeals for the Third Circuit · 1976
- Colonial Realty Investment Co. v. MartinCourt of Appeals for the First Circuit · 1975
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re BystrekUnited States Bankruptcy Court, E.D. Pennsylvania · 1982
- In Re SoudersUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- EEE Commercial Corp. v. Holmes (In re ASI Reactivation, Inc.)Court of Appeals for the Fourth Circuit · 1991
- In the Matter of John C. Roloff, Sr., Debtor in No. 78-2394. In the Matter of Patricia Roloff, Debtor in No. 78-2395. Appeal of John C. Roloff, Sr., and Patricia Roloff, His WifeCourt of Appeals for the Third Circuit · 1979
- In Re DennisonUnited States Bankruptcy Court, E.D. Pennsylvania · 1985
9 more not listed; retrieve them via the Exa API.