Legal Opinion

Power Equipment Co. v. Case Credit Corp. (In Re Power Equipment Co.)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided May 14, 2004No. BAP 03-6064ND, 03-6065ND, 03-6066NDPublishedCited by 11 opinions

1Opinion of the Court

MAHONEY, Bankruptcy Judge.

Debtors appeal an order of the bankruptcy court 1 granting relief from the automatic stay to Case Credit Corporation (hereinafter “Case”) to enable it to continue pre-petition litigation in Pennington County, Minnesota. We affirm.

FACTUAL BACKGROUND

In the Minnesota litigation, Case was attempting to obtain a declaratory judgment that none of the debtors were owners of the real estate and improvements used by the debtors in the operation of their business. Case had obtained one or more judgments against a separate entity, Magnum Resources, and another company with a…

2Cases cited25 opinions

  1. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  2. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  3. Powell v. McCormackSupreme Court of the United States · 1969
  4. County of Los Angeles v. DavisSupreme Court of the United States · 1979
  5. Church of Scientology of California v. United StatesSupreme Court of the United States · 1992

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3Cited by11 opinions

  1. Mid-City Bank v. Skyline Woods Homeowners Ass'n (In Re Skyline Woods Country Club, LLC)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2010
  2. Lindquist v. Household Industrial Finance Co. (In Re Vondall)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2007
  3. Law v. Stover (In Re Law)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
  4. Sells v. Porter (In Re Porter)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
  5. Hoggarth v. Kaler (In Re Midwest Agri Development Corp.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008

6 more not listed; retrieve them via the Exa API.

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