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· 8/27/1984

In Re Pacor, Inc. v. John Higgins, Jr. And Louise Higgins

Citations

  • 743 F.2d 984
  • 1984 U.S. App. LEXIS 19159
  • 12 Bankr. Ct. Dec. (CRR) 285

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, while remand orders based on equitable grounds are not appealable under § 1452(b), remand orders based on other grounds (such as a lack of jurisdiction) are fully appealable
  • noting that under Fed. R. Bankr. P. 9006(b) “it is clear that the court may grant [] an extension” to “the time period for removal”
  • implying that automatic creation of liability via a contractual indemnification provision might be sufficient to create jurisdiction
  • noting that the bankruptcy estate was not affected by the third party action between Pacor and Higgins because the debtor would not be precluded from relitigating any issue in response to a claim asserted by Pacor against the estate
  • observing that “[j]udicial economy itself does not justify federal jurisdiction”
  • articulating a test for determining whether a civil proceeding is “related to” bankruptcy for purposes of subject matter jurisdiction

Source: CourtListener parenthetical corpus (CC0).

Judges: Garth, Sloviter, Fisher

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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.