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· 4/12/2010

Nelson v. Welch (In Re Repository Technologies, Inc.)

Citations

  • 601 F.3d 710
  • 2010 U.S. App. LEXIS 7418
  • 53 Bankr. Ct. Dec. (CRR) 3

How courts have described this case

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

  • noting language not essential to the outcome of a case is dicta
  • “A proceeding ‘arises in’ bankruptcy only if it has ‘no existence outside of the bankruptcy’ ”
  • the bankruptcy code “does not provide such comprehensive, express remedies for a creditor … allegedly harmed by a debtor’s abusive, voluntary bankruptcy petition”
  • “If, by virtue of an intervening event, the appellate court cannot grant any effectual relief whatever for the appellant, the court must dismiss the case as moot.”
  • “If, by virtue of an intervening event, the appellate court cannot grant any effectual relief whatever for the appellant, the court must dismiss the case as moot.”
  • “We have likewise recognized the narrowness of the doctrine, applying complete preemption only where Congress clearly intended completely to replace state law with federal law and create a federal forum.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Ripple, Tinder

Read full opinion on CourtListener

Sourced 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.