· 3/25/1988
Gagel v. Kingston-Greene Partners, Ltd. (In Re GWF Investment, Ltd.)
Citations
- 85 B.R. 771
- 19 Collier Bankr. Cas. 2d 119
- 1988 Bankr. LEXIS 548
- 1988 WL 37978
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “No Congressional intent that bankruptcy jurisdiction should continue for matters not involving the enforcement of rights created by Title 11.”
- since no “extenuating” circumstances were present, bankruptcy court would not retain jurisdiction after dismissal of underlying bankruptcy case
- “this court finds a clear Congressional intent that bankruptcy jurisdiction continues for the purpose of deciding proceedings ‘arising under’ title 11, despite the closing of the bankruptcy case”
- “For a proceeding to ‘arise under’ title 11, it appears that a party must be claiming a right or remedy created by one of the specific sections of title 11.”
- creditor held security interest in in-kind payments to debtor
Source: CourtListener parenthetical corpus (CC0).
Judges: William A. Clark
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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