Legal Opinion

Marcus Dairy, Inc. v. Belford (In Re Naugatuck Dairy Ice Cream, Co.)

United States Bankruptcy Court, D. Connecticut

Decided October 17, 1989No. 19-30268PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM AND DECISION ON MOTION TO DISMISS; STAY OR ABSTAIN; AND SANCTIONS UNDER RULE 9011

ALAN H.W. SHIFF, Bankruptcy Judge.

This adversary proceeding is the procedural format employed by the defendant’s predecessor, a chapter 11 debtor, to object to a claim it filed in the plaintiff’s name and assert a counterclaim. The plaintiff (“Marcus”) moves to dismiss for lack of jurisdiction or, in the alternative, for a stay of the proceeding or abstention. In addition Marcus seeks sanctions against the defendant and his counsel under Bankruptcy Rule 9011.

BACKGROUND

Marcus has commenced an action in…

2Cases cited16 opinions

Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
Thomas v. Union Carbide Agricultural Products Co.Supreme Court of the United States · 1985
In Re Castlerock Properties, Debtor. Piombo Corporation, a California Corporation v. Castlerock Properties, a California Limited PartnershipCourt of Appeals for the Ninth Circuit · 1986
Andrus v. Charlestone Stone Products Co.Supreme Court of the United States · 1978
Republic Reader's Service, Inc. v. Magazine Service Bureau, Inc. (In Re Republic Reader's Service, Inc.)United States Bankruptcy Court, S.D. Texas · 1987

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

3Cited by12 opinions

Roddam v. Metro Loans, Inc. (In Re Roddam)United States Bankruptcy Court, N.D. Alabama · 1996
Gibbons v. Stemcor USA, Inc. (In Re B.S. Livingston & Co.)District Court, D. New Jersey · 1995
In Re National Cattle CongressUnited States Bankruptcy Court, N.D. Iowa · 2000
Carabetta Enterprises, Inc. v. City of Asbury Park (In Re Carabetta Enterprises, Inc.)United States Bankruptcy Court, D. Connecticut · 1993
Durso Supermarkets, Inc. v. D'Urso (In Re Durso Supermarkets, Inc.)District Court, S.D. New York · 1994

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