· 10/31/2003
EXDS, Inc. v. RK Electric, Inc. (In Re EXDS, Inc.)
Citations
- 301 B.R. 436
- 2003 Bankr. LEXIS 1417
- 42 Bankr. Ct. Dec. (CRR) 41
- 2003 WL 22463375
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying Travellers Int’l AG and stating that the claimant had “lost its right to a jury trial because it elected to participate in the equity court proceeding”
- creditor’s proof of claim subjected the creditor’s disputes to the bankruptcy court’s jurisdiction even if creditor later withdrew the proof of claim
- creditor’s proof of claim subjected the creditor’s disputes to the bankruptcy court’s jurisdiction even if creditor later withdrew the proof of claim
- creditor’s proof of claim subjected the creditor’s disputes to the bankruptcy court’s jurisdiction even if creditor later withdrew the proof of claim
- creditor’s proof of claim subjected the creditor’s disputes to the bankruptcy court’s jurisdiction even if creditor later withdrew the proof of claim
- “Given the unequivocal language of Langenkamp and Travellers as to the effect of filing a proof of claim, I do not believe that a creditor can, for strategic reasons, reverse the result it triggered by filing a proof of claim by later withdrawing the claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Peter J. Walsh
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.