Menk v. Lapaglia (In Re Menk)
United States Bankruptcy Appellate Panel for the Ninth Circuit
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
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- National Organization for Women, Inc. v. ScheidlerSupreme Court of the United States · 1994
- Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
40 more not listed; retrieve them via the Exa API.
3Cited by163 opinions
- Cusano v. KleinCourt of Appeals for the Ninth Circuit · 2001
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- Johnson v. SmithCourt of Appeals for the Tenth Circuit · 2009
- Lopez v. Specialty Restaurants Corp. (In Re Lopez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Wolkowitz v. Beverly (In Re Beverly)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
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