M Fabrikant & Sons Inc. v. Longs Jewelers Ltd.
Jun
26
2008
Ruling
Debtor's action for breach of prepetition contract was a non-core proceeding for which withdrawal of reference was appropriate.
Procedural posture
Plaintiff debtor voluntarily filed for chapter 11. Subsequently, it filed a complaint against defendant alleging it sold defendant $ 2,815,911 in diamonds and jewelry. Debtor sought $ 1,647,031 for goods sold to defendant prior to the petition date. Defendant filed its answer and jury demand. In its answer, defendant asserted defenses and counterclaimed. Before the court was defendant's motion to withdraw the reference from the bankruptcy court.
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Court
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