In re Harris
District Court, S.D. Ohio
1Opinion of the Court
G-artNer, Eeferee in Bankruptcy.
The fundamental issue involved in the controversy herein is whether the bankruptcy court has the power to enforce its bankruptcy discharge decree by enjoining a creditor from proceeding with litigation in a state court, and if so, what type of litigation. Much has been written *268on this subject, many decisions have been rendered about it, and there is still confusion. It is the purport of this decision to attempt to clarify present day thinking and to set certain guidelines for the exercise of power or the failure to exercise it.
Findings of Fact
1. On October 22,…
2Cases cited6 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- In Re CarncrossDistrict Court, W.D. New York · 1953
- Hamilton Web Co. v. PageDistrict Court, D. Rhode Island · 1934
- In re EllmanDistrict Court, W.D. New York · 1942
- In re McCarthyDistrict Court, W.D. New York · 1934
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