Legal Opinion

Sanders v. Farina

District Court, E.D. Virginia

Decided November 18, 2014No. 1:14-cv-1214PublishedCited by 9 opinions

1Opinion of the Court

ORDER

T.S. ELLIS, III, District Judge.

At issue in this twice-removed diversity contract case is whether a remand to state court is permissible in the face of the automatic stay resulting from defendant’s filing of a Chapter 7 bankruptcy petition. For the reasons stated below, the automatic stay provision does not bar remand, which is necessary in this case, inter alia, because the removing defendant is a citizen of the forum state.

I

Plaintiff is an attorney residing in the District of Columbia. Defendant is a resident of Virginia. Their dispute arises out of a legal services agreement entered…

2Cases cited9 opinions

  1. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
  2. Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
  3. Catherine Norwood Winters, Acting by and Through Her Attorney-In-Fact, Toni Louise McMahon v. George Mason Bank Robert O. Tyler, TrusteeCourt of Appeals for the Fourth Circuit · 1996
  4. MTGLQ Investors, L.P. v. GuireDistrict Court, D. Maryland · 2003
  5. Diebel v. S.B. Trucking Co.District Court, M.D. Florida · 2003

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

3Cited by9 opinions

  1. In re Cashco, Inc.United States Bankruptcy Court, D. New Mexico · 2019
  2. Cianci v. ChaputSupreme Court of The Virgin Islands · 2016
  3. Sanders v. FarinaDistrict Court, E.D. Virginia · 2016
  4. Carmela Susino on her own behalf and on behalf of the Estate of Decedent, Luciano Susino and his beneficiaries v. 3M CompanyDistrict Court, Virgin Islands · 2023
  5. City of Holly Springs v. Johnson & JohnsonDistrict Court, N.D. Mississippi · 2022

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

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