Legal Opinion

Atlantic Marine, Inc. v. American Classic Voyages, Co. (In Re American Classic Voyages, Co.)

District Court, D. Delaware

Decided August 12, 2003No. Bankruptcy No. 01-10954, No. CIV.A.02-1357-JJFPublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM OPINION

FARNAN, District Judge.

Before the Court is an appeal by Atlantic Marine, Inc. (“Atlantic Marine”) from the Order of the United States Bankruptcy Court for the District of Delaware entered on July 9, 2002 (the “Order”), denying Atlantic Marine’s motion to modify the automatic stay so as to allow it to pursue its contract claims against the Debtors pursuant to the arbitration and forum selection clauses in that contract. By its appeal, Atlantic Marine raises three argu ments: (1) the Bankruptcy Court did not have the discretion to deny the enforcement of the arbitration…

2Cases cited9 opinions

  1. Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
  2. Coastal Steel Corp. v. Tilghman Wheelabrator Ltd.Court of Appeals for the Third Circuit · 1983
  3. Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1989
  4. Mellon Bank, N.A. v. Metro Communications, Inc.Court of Appeals for the Third Circuit · 1991
  5. American Flint Glass Workers Union, in 99-5291 v. Anchor Resolution Corp., Debtor-Appellee. Glass, Molders, Pottery, Plastics & Allied Workers International Union, in 99-5292 v. Anchor Resolution Corp., Debtor-AppelleeCourt of Appeals for the Third Circuit · 1999

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3Cited by17 opinions

  1. In Re RNI Wind Down Corp.United States Bankruptcy Court, D. Delaware · 2006
  2. Henderson v. Legal Helpers Debt Resolution, L.L.C. (In re Huffman)United States Bankruptcy Court, S.D. Mississippi · 2013
  3. In Re Aleris International, Inc.United States Bankruptcy Court, D. Delaware · 2011
  4. In Re Winstar Communications, Inc.United States Bankruptcy Court, D. Delaware · 2005
  5. 8 E. Frederick Place, LLC v. Flintkote Co. (In re Flintkote Co.)District Court, D. Delaware · 2015

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