Wes-Flo Inc. v. Wilson Freight Co. (In re Wilson Freight Co.)
Wes-Flo Inc. v. Wilson Freight Co. (In re Wilson Freight Co.)
Opinion of the Court
This matter is before the court upon an application for change of venue to the United States Bankruptcy Court for the Southern District of New York pursuant to a decision and order entered herein on 5 August 1981. 13 B.R. 617. It was there determined that “. . . even though the case [in the state court] has been properly removed to the court of the district wherein originally filed [S.D.Ohio], the automatic stay of the original court [S.D.New York] remains in effect as to the parties pending determination of the venue question. . . . The stay remains unaltered, except as to the statutory right to removal.” This Court does not violate the stay order by granting a change of venue to the court which has jurisdiction over both the estate and stay order.
We are now constrained to concur with the attorney for Debtor-Defendant that in the interest of sound administration of the case venue properly should be transferred to the Southern District of New York conformably to 28 U.S.C. § 1475.
Reference
- Full Case Name
- WES-FLO INC. v. WILSON FREIGHT COMPANY, In the Matter WILSON FREIGHT COMPANY, Debtor
- Cited By
- 1 case
- Status
- Published