· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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