Legal Opinion

Ellenberg v. Henry (In Re Henry)

United States Bankruptcy Court, N.D. Georgia

Decided November 16, 1983No. 19-51705PublishedCited by 5 opinions

1Opinion of the Court

OPINION

WILLIAM L. NORTON, Jr., Bankruptcy Judge.

The plaintiff-trustee has moved the Court for a Bankruptcy Rule 8005 stay of this Court’s order dated June 14, 1983, as clarified and amended on June 24, 1983, dismissing certain specified counts of plaintiffs adversary complaint by reason of lack of subject matter jurisdiction. The Court previously found that it lacked subject matter jurisdiction over these certain counts because of the Northern Pipeline decision, 458 U.S. 50, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982), and despite the so-called Emergency Local Rule.

The said motion came on regularly…

2Cases cited17 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. United States v. SteffensSupreme Court of the United States · 1879
  4. Poindexter v. GreenhowSupreme Court of the United States · 1885
  5. Ellison v. Georgia RailroadSupreme Court of Georgia · 1891

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

3Cited by5 opinions

  1. In Re Windsor Communications Group, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1986
  2. In Re Committee Of Unsecured Creditors Of F S Communications Corp.Court of Appeals for the Eleventh Circuit · 1985
  3. In Re Hemphill Bus Sales, Inc.United States Bankruptcy Court, E.D. Texas · 2001
  4. United States Fire Insurance Co. v. Harris (In Re Harris)United States Bankruptcy Court, E.D. Virginia · 1993
  5. Committee of Unsecured Creditors of F S Communications Corp. v. Hyatt Greenville Corp.Court of Appeals for the Eleventh Circuit · 1985

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