Legal Opinion

Menk v. Lapaglia (In Re Menk)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 5, 1999No. BAP No. SC-98-1816-KRyB. Bankruptcy No. 95-14067. Adversary No. 97-90319PublishedCited by 163 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

The debtor-appellant lost the trail when he misunderstood what it means to reopen a closed bankruptcy case. Now he is mired in a poorly-explored jurisdictional swamp involving the relationship of 28 U.S.C. § 1334(a) to § 1334(b) and the difference between bankruptcy “cases” and bankruptcy “civil proceedings.”

The debtor has appealed the order reopening his bankruptcy case and fixing a deadline for the moving creditor to file an adversary proceeding to determine whether a debt was discharged. Relying on the fallacy that defeating the reopening would pull the…

2Cases cited45 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  3. Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
  4. National Organization for Women, Inc. v. ScheidlerSupreme Court of the United States · 1994
  5. Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995

40 more not listed; retrieve them via the Exa API.

3Cited by163 opinions

  1. Cusano v. KleinCourt of Appeals for the Ninth Circuit · 2001
  2. Williams v. Citifinancial Mortgage Co. (In Re Williams)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  3. Johnson v. SmithCourt of Appeals for the Tenth Circuit · 2009
  4. Lopez v. Specialty Restaurants Corp. (In Re Lopez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  5. Wolkowitz v. Beverly (In Re Beverly)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007

158 more not listed; retrieve them via the Exa API.

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