Nukote Intl Inc. v. Office Depot Inc.
Nov
16
2009
Ruling
Non-core prepetition right of action arising under state law was appropriate for permissive withdrawal.
Procedural posture
Plaintiff manufacturer alleged that as a direct result of the breakdown of its business relationship with defendant retailer the manufacturer was forced to file for chapter 11 bankruptcy protection. The manufacturer filed an adversary proceeding in the bankruptcy court against the retailer and asserted, inter alia, breach of contract and fraudulent and negligent misrepresentation. The retailer moved to withdraw the reference.
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Court
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