[DOWNLOAD] "Houston Pipeline Co. LP, v. Bank of America, N.A." by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Houston Pipeline Co. LP, v. Bank of America, N.A.
- Author : Supreme Court Of Utah
- Release Date : January 24, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Appellant, Houston Pipeline Company LP (Houston Pipeline), appeals from a declaratory judgment entered by the trial court declaring relative rights in natural gas between Houston Pipeline and appellee, Bank of America, N.A. (the Bank). In five issues, Houston Pipeline contends the following: (1) the declaratory judgment violated the automatic bankruptcy stay of the Enron Companys (Enron) and related entities bankruptcies; (2) the declaratory judgment violated the declaratory judgments act by affecting interests of absent parties and by not resolving the controversy; (3) the declaratory judgment was not entered in support of a ripe and justiciable controversy; (4) unresolved questions of material fact precluded entry of summary judgment on three of the four declarations; and (5) the trial court erred by summarily rejecting Houston Pipelines counterclaim. We conclude that the trial courts entry of the declaratory judgment violated the automatic bankruptcy stay, thus rendering the judgment void. Accordingly, we vacate the trial courts judgment and dismiss the case.