Legal Opinion

Lmrt Associates, Lc v. Mb Airmont Farms, LLC

District Court, E.D. Virginia

Decided April 18, 2011No. 1:11cv20PublishedCited by 8 opinions

1Opinion of the Court

ORDER

T.S. ELLIS, III, District Judge.

At issue in this breach of contract matter is the propriety of a purported “notice of removal” pursuant to 28 U.S.C. § 1452 filed by defendant MB Airmont Farms, LLC (“MB”), in which MB declares this matter “removed” to the United States Bankruptcy Court for the District of Maryland. For the reasons that follow, although it seems clear that the statute does not permit the removal MB has sought to accomplish, it is appropriate to allow the United States Bankruptcy Court for the District of Maryland to decide whether to remand the case.

Plaintiff LMRT…

2Cases cited9 opinions

  1. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
  2. Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
  3. United States v. John Frank RodgersCourt of Appeals for the Second Circuit · 1996
  4. Levin v. Alms and Associates, Inc.Court of Appeals for the Fourth Circuit · 2011
  5. Nascimento v. DummerCourt of Appeals for the Ninth Circuit · 2007

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3Cited by8 opinions

  1. In re: Malcolm Curtis and Judith CurtisUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  2. John Doe v. RoeDistrict Court, E.D. Virginia · 2018
  3. Superior Contracting Grp. Inc. v. Rachmale (In re LTC Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2018
  4. Daniel J. Ventricelli v. NicklinDistrict Court, N.D. New York · 2020
  5. In re Trammell Family Lake Martin LLCUnited States Bankruptcy Court, M.D. Alabama · 2017

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