In Re U.S. Airways Group, Inc.
District Court, E.D. Virginia
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
In this Chapter 11 bankruptcy proceeding, a class of administrative expense claimants seeks a mandatory, or alternatively, a discretionary withdrawal of reference pursuant to 28 U.S.C. § 157(d) on the ground that resolution of a pending motion for summary judgment on their claim to administrative priority status requires consideration of United States’ antitrust laws, as well as bankruptcy laws. For the reasons stated from the bench and elucidated here, neither mandatory nor discretionary withdrawal of reference is appropriate in the circumstances at…
2Cases cited33 opinions
- United States v. TurketteSupreme Court of the United States · 1981
- Hughes Aircraft Co. v. JacobsonSupreme Court of the United States · 1999
- In Re Orion Pictures Corporation, Debtor, Orion Pictures Corporation v. Showtime Networks, Inc., Formerly Known as Showtime/the Movie Channel, Inc.Court of Appeals for the Second Circuit · 1993
- In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and ScarboroughCourt of Appeals for the First Circuit · 1996
- Holland America Insurance Company v. Succession of Shepherd J. Roy, the Union Bank and Central Pecan Shelling Company, Inc.Court of Appeals for the Fifth Circuit · 1985
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