Legal Opinion

City Fire Equipment Co. v. Ansul Fire Protection Wormald U.S., Inc.

District Court, N.D. Alabama

Decided December 7, 1989No. Bankruptcy CV89-Y-1728-S, CV89-Y-1727-SPublishedCited by 28 opinions

1Opinion of the Court

MEMORANDUM OPINION

PROPST, District Judge.

The court has under consideration the issue of whether its reference to the Bankruptcy Court should be withdrawn with regard to these two cases. 1 The Bankruptcy Judge has recommended withdrawal based upon Granfinanciera v. Nordberg, 492 U.S. 33, 109 S.Ct. 2782, 106 L.Ed.2d 26 (1989). Neither defendant has filed a claim in the bankruptcy case and the matters are pending before the Bankruptcy Court pursuant to actions to avoid or recover preferences. There is a jury demand in each action. The Bankruptcy Court has stated that “This bankruptcy court does…

2Cases cited9 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Crowell v. BensonSupreme Court of the United States · 1932
  3. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  4. Katchen v. LandySupreme Court of the United States · 1966
  5. Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977

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3Cited by28 opinions

  1. Nilsen v. Neilson (In Re Cedar Funding, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  2. Sigma Micro Corp. v. Healthcentral.com (In Re Healthcentral.com)Court of Appeals for the Ninth Circuit · 2007
  3. In Re Stansbury Poplar Place, Inc.Court of Appeals for the Fourth Circuit · 1993
  4. Iron-Oak Supply Corp. v. NIBCO, Inc. (In Re Iron-Oak Supply Corp.)United States Bankruptcy Court, E.D. California · 1993
  5. Kirschner Ex Rel. Refco Litigation Trust v. Agoglia (In Re Refco Inc.)United States Bankruptcy Court, S.D. New York · 2011

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