In re Longwell
CASE NO. 18-41862 (Bankr. N.D. Ohio Mar. 18, 2019) Cited 1 timesCASE NO. 18-41862 03-18-2019 IN RE: JEFFREY L. LONGWELL AND SUNNIE M. LONGWELL, Debtors. JUDGE RUSS KENDIG The court incorporates by reference in this paragraph and adopts as the findings and orders of this court the document set forth below. This document was signed electronically at the time and date indicated, which may be materially different from its entry on the record. CHAPTER 13 JUDGE RUSS KENDIG MEMORANDUM OF OPINION (NOT FOR PUBLICATION) This case is before the court for confirmation of
Section 1334 - Bankruptcy cases and proceedings
28 U.S.C. § 1334 Cited 40,634 times 57 Legal AnalysesGranting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
Section 506 - Determination of secured status
11 U.S.C. § 506 Cited 7,360 times 51 Legal AnalysesAuthorizing surcharge “to the extent of any benefit” to the secured creditor
Section 1409 - Venue of proceedings arising under title 11 or arising in or related to cases under title 11
28 U.S.C. § 1409 Cited 4,940 times 16 Legal AnalysesConcerning venue in Chapter 11 proceedings
Rule 7004 - Process; Service of Summons, Complaint
Fed. R. Bankr. P. 7004 Cited 1,411 times 6 Legal AnalysesConcluding that "[i]f the exercise of jurisdiction is consistent with the Constitution and laws of the United States, serving a summons or filing a waiver of service in accordance with this rule or [with Fed.R.Civ.P. 4] . . . is effective to establish personal jurisdiction over the person of any defendant with respect to a case under the [Bankruptcy] Code. . . ."
Rule 3012 - Determining the Amount of Secured and Priority Claims
Fed. R. Bankr. P. 3012 Cited 396 times 1 Legal AnalysesUsing the term “secured claim”