Legal Opinion
Official Committee of Unsecured Creditors v. Welsh (In Re Phelps Technologies, Inc.)
United States Bankruptcy Court, W.D. Missouri
Decided September 15, 1999No. 19-20040PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JERRY VENTERS, Bankruptcy Judge.
This matter comes before the Court on a Motion for Abstention filed by Defendants Daniel Welsh, William O’Connor, and Welsh & O’Connor, P.C., requesting the Court to abstain from further proceedings in this Adversary Proceeding pursuant to 28 U.S.C. § 1384(c) and Rule 5011, Fed. R. Bankr.P. As grounds for abstention, the Defendants assert that state law issues predominate in the action, that some of the Defendants are entitled to a trial by jury, and that there may be additional non-debtor parties to be joined in the action. The…
2Cases cited16 opinions
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Pernell v. Southall RealtySupreme Court of the United States · 1974
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Williams v. Citifinancial Mortgage Co. (In Re Williams)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
- Geruschat v. Ernst & Young, LLP (In Re Earned Capital Corp.)United States Bankruptcy Court, W.D. Pennsylvania · 2005
- Foss v. Hall County Child Support Office (In Re Foss)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2005
- Kesar Enterprises, Inc. v. State Bank of Texas (In Re Kesar Enterprises Inc.)United States Bankruptcy Court, W.D. Missouri · 2005
- Krigel's, Inc. v. ARY Jewelers, L.L.C. (In Re Krigel's, Inc.)United States Bankruptcy Court, W.D. Missouri · 2001
3 more not listed; retrieve them via the Exa API.