Legal Opinion
BUKE, LLC v. Eastburg (In Re Eastburg)
United States Bankruptcy Court, D. New Mexico
Decided November 4, 2010No. 19-10439PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROBERT H. JACOBVITZ, Bankruptcy Judge.
THIS MATTER is before the Court on the Motion to Stay State Court Action Pursuant to 11 U.S.C. § 105(a) (“Motion”) filed by the Defendants, Randall Scott Eastburg and Lisa Sue Eastburg (togeth er, the “Eastburgs”), by and through their attorneys of record, Hunt & Davis, P.C. (Chris W. Pierce). The Court held a final, evidentiary hearing on the Motion on October 7, 2010 and took the matter under advisement. At issue is whether the Court should exercise its equitable powers pursuant to 11 U.S.C. § 105(a) to stay ongoing state court…
2Cases cited37 opinions
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Field v. MansSupreme Court of the United States · 1995
- Gonzales v. O Centro Espírita Beneficente União Do VegetalSupreme Court of the United States · 2006
- The Canal Authority of the State of Florida v. Howard H. Callaway, Secretary of the United States Army, the Cross-Florida Canal Association v. Howard H. Callaway, Secretary of the United States Army, Eleanor H. Miller v. Avery S. Fullerton, Environmental Defense Fund, Inc. v. Corps of Engineers of the United States Army, J. G. Perko v. The Canal Authority of the State of Florida, Etc.Court of Appeals for the Fifth Circuit · 1974
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3Cited by4 opinions
- Buke, LLC v. Eastburg (In Re Eastburg)Bankruptcy Appellate Panel of the Tenth Circuit · 2011
- Lentz v. Cahaba Disaster Relief, LLC (In re CDP Corp.)United States Bankruptcy Court, S.D. Mississippi · 2011
- In re Brier Creek Corporate Center Associates Ltd.United States Bankruptcy Court, E.D. North Carolina · 2013
- Jenkins v. IBD, Inc.District Court, D. Kansas · 2013