Legal Opinion
IRR Supply Centers, Inc. v. Phipps (In Re Phipps)
United States Bankruptcy Court, W.D. New York
Decided February 17, 1998No. 1-19-10300PublishedCited by 26 opinions
1Opinion of the Court
DECISION AND ORDER GRANTING SUMMARY JUDGMENT TO THE PLAINTIFF
MICHAEL J. KAPLAN, Bankruptcy Judge.
There is a vast amount of scholarship to the effect that a bankruptcy judge is not bound in Case B by a decision of just one district judge in Case A, if the district has more than one district judge. 1 Today, this Court finds that the rule is to the contrary in the Second Circuit, if the decision in Case A was submitted by the district judge for publication.
BACKGROUND
Plaintiff, Irr Supply Centers, Inc. (“Irr”), filed this adversary proceeding in order to have Benjamin Phipps’ (“Debtor”) debt to…
2Cases cited15 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- United States v. Whiting Pools, Inc.Court of Appeals for the Second Circuit · 1982
- First of America Bank v. Gaylor (In Re Gaylor)United States Bankruptcy Court, E.D. Michigan · 1991
- Pereira v. Centel Corp. (In Re Argo Communications Corp.)United States Bankruptcy Court, S.D. New York · 1991
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999
- Sandak v. Dobrayel (In Re Dobrayel)United States Bankruptcy Court, S.D. New York · 2002
- Bucchino v. Wells Fargo Bank, N.A. (In Re Bucchino)United States Bankruptcy Court, D. New Mexico · 2010
- Barnett v. Jamesway Corp. (In Re Jamesway Corp.)United States Bankruptcy Court, S.D. New York · 1999
- F.C.C. National Bank v. Reid (In Re Reid)United States Bankruptcy Court, W.D. New York · 1999
21 more not listed; retrieve them via the Exa API.