IN RE ARWAY

Bankruptcy No. 97-17172 K, Adversary No. 98-1049 K.

227 B.R. 216 (1998)

In re Richard P. ARWAY, Kristine M. Arway, Debtors. Richard P. ARWAY, Plaintiff, v. MT. ST. MARY'S HOSPITAL, Defendant.

United States Bankruptcy Court, W.D. New York.

November 13, 1998.


Attorney(s) appearing for the Case

Ira Goldberg, UAW-GM Legal Services Plan, Lockport, NY, for Plaintiffs/Debtors.

Morris L. Horwitz, William Ilecki, Tonawanda, NY, for Defendant.


MICHAEL J. KAPLAN, Chief Judge.

Here the Court is asked to decide whether the Second Circuit's decision in In re Riddervold is still good law after the United States Supreme Court decision in Barnhill v. Johnson. Implicit in the request is a deeper question of whether that determination is appropriate for this Court to make, or whether this Court instead must abide by Riddervold and leave the question of Riddervold's continuing vitality...

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