· 7/28/1992
In Re David Lee Carraher and Phyllis Diane Carraher, Debtors. David L. Carraher Phyllis D. Carraher, and Ronald C. Lapekas v. Morgan Electronics, Inc.
Citations
- 971 F.2d 327
- 92 Cal. Daily Op. Serv. 6534
- 92 Daily Journal DAR 10415
- 27 Collier Bankr. Cas. 2d 358
- 1992 U.S. App. LEXIS 16883
- 23 Bankr. Ct. Dec. (CRR) 384
- 1992 WL 174382
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that \[s]ection 349 of the Bankruptcy Code lists the various effects of dismissal of the underlying bankruptcy case; conspicuously absent from that list is automatic termination of jurisdiction over related cases\
- setting forth standard of review and explaining that whether to retain jurisdiction over state law claims is within the bankruptcy court’s discretion subject to considerations of judicial economy, fairness, convenience, and comity
- setting forth standard of review and explaining that whether to retain jurisdiction over state law claims is within the bankruptcy court’s discretion subject to considerations of judicial economy, fairness, convenience, and comity
- setting forth standard of review and explaining that the bankruptcy court may retain jurisdiction over a related proceeding after dismissal of the bankruptcy case, subject to considerations of judicial economy, fairness, convenience and comity
- setting forth the standard of review and explaining that the bankruptcy court may decide 3 24-589 whether to retain jurisdiction over a related proceeding after dismissal of the bankruptcy case, subject to considerations of judicial economy, fairness, convenience, and comity
- bankruptcy court has discretion to retain jurisdiction over related state law claims despite dismissal of underlying bankruptcy
Source: CourtListener parenthetical corpus (CC0).
Judges: Boocheveít, Reinhardt, Kozinski
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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