- 28 U.S.C.
Goodman v. California Portland Cement Co. (In re GTI Capital Holdings LLC)
Sep
15
2009
Ruling
Bankruptcy court had ancillary jurisdiction over dispute between creditors and debtors' guarantors.
Procedural posture
Plaintiff guarantors filed an action in the Maricopa County Superior Court (Arizona), alleging that defendants, a California corporation and others, committed fraud and engaged in racketeering. Defendants removed the action to the bankruptcy court, and the guarantors filed a motion to remand. Defendants filed a motion to dismiss the guarantors' claims and sought an order prohibiting the guarantors from filing further actions.
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Court
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- 28 U.S.C.
Beechgrove Redevelopment Phase II LLC v. Wilson
Sep
10
2009
Ruling
Court abstained from determination of state personal injury claim.
Procedural posture
Before the court were plaintiff company's moved motion for withdrawal of reference of an adversary proceeding and defendant motion for abstention. The case implicated 11 U.S.C.S. § 524 and 28 U.S.C.S. § 1334(c)(1).
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Court
:
- 28 U.S.C.
Harker v. Wells Fargo Bank (In re Krause)
Sep
01
2009
Ruling
Putative class action mortgage avoidance proceeding dismissed as court lacked in rem jurisdiction.
Procedural posture
Plaintiff bankruptcy trustee brought a putative class-action adversary proceeding against defendants, a mortgagee and related entities, seeking a declaration that the mortgagee was not a creditor of bankruptcy debtors and seeking to avoid a mortgage lien, an assignment of which was not recorded as required by state law. The mortgagee and the entities moved to dismiss the complaint.
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Court
:
- 28 U.S.C.
Century 21 Real Estate LLC v. Prestige Realty Group of Ohio & Fla. LLC (In re Prestige Realty Group of Ohio & Fla. LLC)
Aug
26
2009
Ruling
Lanham Act claims were "related to" debtor's bankruptcy.
Procedural posture
Plaintiff filed an amended complaint against defendants, debtor and several individuals, seeking damages for, inter alia, their unauthorized use of its marks under the Lanham Act. Before the court was one of the individual defendant's motion to dismiss the adversary complaint.
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Premier Pipe LLC v. J.D. Fields & Co. (In re Hallwood Energy LP)
Aug
24
2009
Ruling
Dispute between debtor, supplier and LLC over damage from improper oil pipe couplings involving state law and parties from same state was subject to mandatory abstention.
Procedural posture
Plaintiff LLC filed an action against defendant supplier in the 189th Civil District Court in Harris County, Texas, seeking a judgment declaring that it was not liable to an energy company and a partnership (debtors) for damage that occurred to an oil well. The LLC removed the case to the bankruptcy court after the debtors declared Chapter 11 bankruptcy, and the supplier filed a motion to remand the case to state court.
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Court
:
- 28 U.S.C.
Republic Underwriters Ins. Co. v. DBSI Republic LLC (In re DBSI Inc.)
Aug
10
2009
Ruling
Proceeding concerning debtor's ability to assign sublease was a core proceeding of which abstention was denied.
Procedural posture
Plaintiff sublessee of commercial property brought actions in state court against defendant owners of the property seeking a declaration that rejection of a master lease of the property by a bankruptcy debtor terminated the sublease of the sublessee and precluded the debtor's assignment of the sublease to the owners. The actions were removed to bankruptcy court, and the sublessee moved for remand or abstention, and for a preliminary injunction.
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Court
:
- 28 U.S.C.
Motors Liquidation Co., In re
Jul
10
2009
Ruling
Crossclaim dismissed because trustee is no longer a party to the action and thus bankruptcycourt lacks subject matter jurisdiction over the crossclaim. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Court
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Capitol Hill Group v. Pillsbury Winthrop Shaw Pittman LLC
Jun
26
2009
Ruling
Legal malpractice claim arising out of debtor's bankruptcy properly removed.
Procedural posture
In a legal malpractice case, appellant former client sought judicial review of the United States District Court for the District of Columbia's denial of its motion to remand and entry of summary judgment in favor of appellee law firm and various attorneys. The case had been removed under 28 U.S.C.S. § 1334(b), so-called arising in bankruptcy jurisdiction, and summary judgment had been granted under the doctrine of res judicata.
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Court
:
Judge or Jurisdiction information not available
HGC Inc. v. Heatherworld Holdings LLC (In re Heatherworld Holdings LLC)
Jun
22
2009
Ruling
Breach of contract and tortious interference claims against member of debtor LLC remanded to state court.
Procedural posture
Plaintiff corporation brought an action in state court against defendants, a bankruptcy debtor limited liability company and its members, alleging that the debtor breached a contract to operate and maintain the corporation's country club facilities and that the members tortiously interfered with business relations. The action was removed to bankruptcy court, and the corporation moved to remand the claims against the non-debtor members.
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Court
:
- 28 U.S.C.
Hill v. Day (In re Todays Destiny Inc.)
May
01
2009
Ruling
Court exercised permissive abstention with regard to state law claims by debtor's customers against entity that loaned them money.
Procedural posture
Plaintiff filed an action against defendants, a corporate debtor's principals and financial institutions (lenders) that loaned money to intervenors, customers who purchased predictive dialing equipment from the debtor, alleging that the principals breached their fiduciary duties, denuded the corporation, and defrauded customers. Defendants filed motions to dismiss the customers'claims.
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Court
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