Legal Opinion

Estes Express Lines v. Paone (In Re Paone)

United States Bankruptcy Court, M.D. Pennsylvania

Decided February 12, 2009No. 5-07-bk-53210PublishedCited by 1 opinion

1Opinion of the Court

OPINION

JOHN J. THOMAS, Bankruptcy Judge.

A Motion to lift the automatic stay has been filed by Estes Express Lines (Estes) to pursue certain litigation against the Debtor, Amy Paone. Unexpectedly, the Motion is not being pursued to collect on an obligation. Rather, Estes is a defendant in a tort action in state court arising from a vehicular collision and wants to join the Debtor for the sole purpose of allowing a factfinder to apportion liability between the two defendants (the Debtor and Estes) pursuant to 42 Pa.C.S.A. § 7102(b) 1 setting forth a provision of Pennsylvania law addressing…

2Cases cited7 opinions

  1. In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
  2. Davis v. MillerSupreme Court of Pennsylvania · 1956
  3. Phyllis Jaskey Jones v. Chemetron CorporationCourt of Appeals for the Third Circuit · 2000
  4. Baker v. ACandSSupreme Court of Pennsylvania · 2000
  5. Hileman v. MorelliSuperior Court of Pennsylvania · 1992

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

3Cited by1 opinion

  1. Bland v. CriswellDistrict Court, M.D. Pennsylvania · 2023

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