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· 6/11/2002

New England Power & Marine, Inc. v. Town of Tyngsborough (In Re Middlesex Power Equipment & Marine, Inc.)

Citations

  • 292 F.3d 61
  • 48 Collier Bankr. Cas. 2d 508
  • 2002 U.S. App. LEXIS 11154
  • 39 Bankr. Ct. Dec. (CRR) 196

How courts have described this case

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

  • holding that economy and comity counseled discretionary abstention, and that danger of forum shopping existed
  • noting that “[t]he dividing line is unclear between proceedings that ‘arise under’ as opposed to ‘arise in’ and as opposed to ‘relate to’ title 11. The statute itself provides no definitions.”
  • affirming abstention where district court “sagely commented on ‘avoidance of forum shopping’ as a reason” to abstain
  • citing, inter alia, Wood v. Wood (In re Wood), 825 F.2d 90, 97 (5th Cir. 1987)
  • dispute between purchaser of property from bankruptcy and local taxing authority about obligation to pay property taxes satisfied “arising in” jurisdiction because purchaser’s defense required interpretation of bankruptcy sale order
  • affirming abstention, even when issue of federal law existed

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Campbell, Magill

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.