Legal Opinion

Auto Auction, Inc. v. Pocklington (In Re Pocklington)

United States Bankruptcy Court, S.D. California

Decided June 22, 1982No. 19-00630PublishedCited by 38 opinions

1Opinion of the Court

MEMORANDUM OF OPINION

ROSS M. PYLE, Bankruptcy Judge.

The trial of this adversary proceeding was set for November 17, 1981. At that time Cameron F. Pocklington, a Chapter 13 Debtor, moved the Court to dismiss the Chapter 13 case pursuant to 11 U.S.C. § 1307(b). The Court granted Pockling-ton’s motion, but, because of the potential of irreparable harm to the plaintiff, AUTO AUCTION, INC., the Court retained jurisdiction over this adversary proceeding. This Memorandum is written to explain the Court’s Decision.

FACTS

Cameron F. Pocklington filed a Petition for Relief under Chapter 13 of the…

2Cases cited1 opinion

  1. Diversified Mortgage Investors, Inc. v. Lake Tahoe Land Co. (In Re Lake Tahoe Land Co.)United States Bankruptcy Court, D. Nevada · 1981

3Cited by38 opinions

  1. In Re Erwin A. Porges, Also Known as E. Allen Porges, Debtor. Erwin A. Porges, Also Known as E. Allen Porges v. Gruntal & Company, IncorporatedCourt of Appeals for the Second Circuit · 1995
  2. In Re Belmont Realty Corporation, Debtor, Rhode Island Hospital Trust National Bank v. Elizabeth v. BogosianCourt of Appeals for the First Circuit · 1993
  3. Stardust Inn, Inc. v. Doshi (In Re Stardust Inn, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. Molina v. United States (In Re Molina)District Court, S.D. Ohio · 1988
  5. In Re Smith.Court of Appeals for the Third Circuit · 1989

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