Legal Opinion

Krasnoff v. Marshack (In Re General Carriers Corp.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 22, 2001No. BAP No. CC-99-1862-MaAP. Bankruptcy No. SA 92-10118-LRPublishedCited by 17 opinions

1Opinion of the Court

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

The chapter 7 trustee moved the bankruptcy court to abstain from hearing an action against the former trustee which had been recently filed in state court but had not been removed to bankruptcy court. The bankruptcy court determined that the claim was a core matter, and exercised its discretion to deny the motion. Finding that the bankruptcy court lacked jurisdiction, we now VACATE the order.

FACTS

General Carriers Corporation (the “debtor”) filed a voluntary chapter 7 2 petition on January 3,1992. On November 20, 1995, the chapter 7 trustee, Richard…

2Cases cited37 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  3. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  4. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  5. Flast v. CohenSupreme Court of the United States · 1968

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3Cited by17 opinions

  1. Educational Credit Management Corp. v. Coleman (In Re Coleman)Court of Appeals for the Ninth Circuit · 2009
  2. In Re Bankruptcy Petition PreparersUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  3. In re Jefferson CountyUnited States Bankruptcy Court, N.D. Alabama · 2012
  4. Certain Underwriters at Lloyds, Syndicates 2623/623 v. GACN, Inc. (In Re GACN, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  5. International Finance Corp. v. Kaiser Group International Inc. (In Re Kaiser Group International, Inc.)District Court, D. Delaware · 2004

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