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Church at San Francisco Where Jesus is Lord v. Winston (In re Church at San Francisco Where Jesus is Lord)

Church at San Francisco Where Jesus is Lord v. Winston (In re Church at San Francisco Where Jesus is Lord)

Ruling
Bankruptcy court lacked subject matter jurisdiction over post-dismissal adversay proceeding concerning postpetition conduct of third parties.
Procedural posture

After debtor's voluntary chapter 11 proceeding was dismissed on the request of the parties, debtor filed an adversary proceeding against certain persons who were involved with property that was a part of the bankruptcy estate. At issue was whether the court had subject matter jurisdiction per 11 U.S.C.S. § 1334(b) over the adversary complaint and whether it ought to grant debtor's ex parte application for a temporary restraining order (TRO).

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Commercial opinion summary, case decided on February 05, 2008 , LexisNexis #0308-104