In re E.C. Morris Corp

Citation:
14 FED App 0010P (6th Cir)
Tag(s):
Ruling:
Where the court lacks subject matter jurisdiction, an order denying a Motion to Enforce Order Approving Compromise of Claims is appropriate.
Procedural context:
Appeal form the United States District Court for the Northern District of Ohio at Akron.
Facts:
Appellants sought to stop state court litigation by the Appellees from continuing based on an agreement entered into by Appellants and the Chapter 7 Trustee to compromise the estate's claims against Appellants. The Court found it lacked jurisdiction to find in favor of the Appellants for several reasons: the Appellees were not part of the compromise reached between the Appellants and the Chapter 7 Trustee, the Debtor was a corporation, Appellants litigation was instituted prior to the bankruptcy filings. Therefore, based on Stern v Marshall, the Court lacked jurisdiction.
Judge(s):
Harrison, Humphrey, Lloyd.

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