- 28 U.S.C.
Wachovia Bank v. Carroll
Feb
10
2009
Ruling
Court voluntarily abstained from hearing severable state law dispute between debtor corporation vice president and bank over loan secured by corporate property.
Procedural posture
Plaintiff bank sued defendant vice president, company, and another entity in state court, seeking satisfaction of a personal loan that was owed by the vice president, but secured by the company's property. The bank removed the lawsuit to federal court pursuant to 28 U.S.C.S. §§ 1334(b), 1446, and 1452, and Fed. R. Bankr. P. 9027. The company moved to abstain or remand.
ABI Membership is required to access the full summary of Wachovia Bank v. Carroll Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Florida Dev. Assocs. v. Knezevich & Assocs. (In re Fla. Dev. Assocs.)
Feb
04
2009
Ruling
Bankruptcy court exercised discretion to abstain from hearing construction contract dispute.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against architects, engineers, and other construction professionals, alleging that they negligently designed and constructed balconies on buildings the debtor erected. The defendants filed motions to dismiss the debtor's action and, alternatively, asked the court to abstain from exercising jurisdiction under 28 U.S.C.S. § 1334.
ABI Membership is required to access the full summary of Florida Dev. Assocs. v. Knezevich & Assocs. (In re Fla. Dev. Assocs.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Williams v. McGreevey (In Touch Am. Holdings Inc.)
Feb
03
2009
Ruling
Bankruptcy court refused to enjoin debtor's shareholders from proceeding with derivative action pending in another district.
Procedural posture
Debtors, a Delaware corporation and its subsidiary and affiliates, filed voluntary petitions under chapter 11 of the Bankruptcy Code, and plaintiff trustee was appointed to represent the debtors' bankruptcy estates. The trustee became the successor in interest to an adversary proceeding which a committee of unsecured creditors filed against defendants, former shareholders of a Montana corporation. The shareholders filed a motion to dismiss.
ABI Membership is required to access the full summary of Williams v. McGreevey (In Touch Am. Holdings Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Best Ins. Servs. Inc. v. Wells (In re Wells)
Jan
30
2009
Ruling
Bankruptcy court abstained from state law liability determination.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable. The debt was unliquidated and was the subject of a pending state court proceeding. The debtor filed a counterclaim which was essentially the same as that filed in the state court action. The creditor requested that the court abstain from hearing the counterclaim on the basis that it was founded solely on state law.
ABI Membership is required to access the full summary of Best Ins. Servs. Inc. v. Wells (In re Wells) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Ford Motor Credit Co. v. Donald A. Baker (In re Baker)
Jan
29
2009
Ruling
Bankruptcy court did not err in exercising jurisdiction over postdischarge auto repossession dispute.
Procedural posture
Appellant creditor sought review of a bankruptcy court decision concluding that the creditor's repossession of a motor vehicle of appellee debtors constituted a violation of the discharge entered by the bankruptcy court and ordering the return of the vehicle, compensatory damages, attorney's fees and costs against the creditor.
ABI Membership is required to access the full summary of Ford Motor Credit Co. v. Donald A. Baker (In re Baker) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Bank of Am. v. Brennan Title Co. (In re Donoho)
Jan
29
2009
Ruling
Dispute over sale of debtor's residence remanded as state law issue predominated.
Procedural posture
In a case involving defendant debtor's sale of his residence to a buyer financed by bank and encumbered by deeds of trust, bank and trustee moved for an order remanding the case to a state court from which it had been removed per 28 U.S.C.S. § 1452 by title company. Issues included whether the remand was properly filed and whether the court had subject matter jurisdiction.
ABI Membership is required to access the full summary of Bank of Am. v. Brennan Title Co. (In re Donoho) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Latin Am. Roller Co. v. Cooperative de Seguros Multiples de Puerto Rico (In re Latin Am. Roller Co.)
Jan
22
2009
Ruling
Court withdrew reference of debtor's contested action for breach of insurance contract.
Procedural posture
Chapter 11 debtor sued defendant insurer, seeking the turnover of insurance payments pursuant to 11 U.S.C.S. § 542(b), alleging, inter alia, breach of the insurance contract. After a status conference, the bankruptcy court directed the parties to brief the issue of whether the claims for relief in the debtor's amended complaint were core or non-core matters for purposes of jurisdiction.
ABI Membership is required to access the full summary of Latin Am. Roller Co. v. Cooperative de Seguros Multiples de Puerto Rico (In re Latin Am. Roller Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
In re Radetic
Jan
16
2009
Ruling
Bankruptcy court voluntarily abstained from hearing contract dispute related to debtor's bankruptcy.
Procedural posture
Creditor filed a motion for relief from the automatic stay to proceed against the debtor in a state court action filed prepetition. The action arose from a failed real estate contract. The creditor, as listing agent, sought a commission from the debtor. The stay motion in effect called on the bankruptcy court to abstain from determining the breach of contract dispute.
ABI Membership is required to access the full summary of In re Radetic Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Trahan v. Devon Energy Prod. Co.
Jan
06
2009
Ruling
Remand of dispute over mineral rights was proper where allegedly related bankruptcy was closed many years earlier.
Procedural posture
Plaintiffs filed a motion to remand their removed state court action against defendants. Plaintiffs also sought attorney's fees, expenses, and costs pursuant to 28 U.S.C.S. § 1447(c).
ABI Membership is required to access the full summary of Trahan v. Devon Energy Prod. Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
McGuire v. United States
Dec
24
2008
Ruling
Sovereign immunity barred bankruptcy court from considering debtor's taking claim against the Bureau of Indian Affairs under the Tucker Act.
Procedural posture
Plaintiff claimant, a bankrupt farmer, sought review of a judgment from the District Court for the District of Arizona which rejected the bankruptcy court's recommendation of a damage award to plaintiff on his inverse condemnation claim against defendant United States. The district court agreed with the bankruptcy court that the Government's actions could qualify as a regulatory taking but held that plaintiff's claim was not ripe for review.
ABI Membership is required to access the full summary of McGuire v. United States Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available