Brown v. Affiliated Computer Servs.
Jul
21
2008
Ruling
Equitable remand of estate's tort action was appropriate.
Procedural posture
Plaintiff chapter 7 trustee filed a tort action in state court against defendants. The matter was removed to federal court. The trustee filed a motion to remand the case to the state court.
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Court
:
- 28 U.S.C.
Strong v. Western United Life Assurance Co. (In re Tri-Valley Distrib.)
Jul
15
2008
Ruling
Order that did not fully resolve adversary proceeding was not a final appealable order.
Procedural posture
Plaintiff debtors and unsecured creditors sued defendant company, alleging, inter alia, fraudulent transfer and negligent lending stemming from a loan to a creditor. The United States Bankruptcy Appellate Panel for the Tenth Circuit affirmed a bankruptcy court's order denying the company's motion to dismiss as to claims related to a transferred property, but dismissing all other claims. The parties cross-appealed and moved to dismiss the appeals.
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Court
:
Judge or Jurisdiction information not available
Nesse v. United States (In re USProtect Corp.)
Jul
10
2008
Ruling
Bankruptcy court had jurisdiction over trustee's claim that United States forfeiture action against debtor's bank account was subject to stay.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant United States seeking a declaration that the government's forfeiture action against a bank account of a bankruptcy debtor was subject to the automatic bankruptcy stay. The government moved to dismiss the complaint for lack of jurisdiction.
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Court
:
- 28 U.S.C.
Munding v. LeMaster & Daniels P.L.L.C. (In re Spokane Raceway Park Inc.)
Jul
09
2008
Ruling
Bankruptcy court voluntarily abstained from hearing indemnity action against third party already pending in state court.
Procedural posture
Plaintiff chapter 11 trustee filed an adversary proceeding against defendant accounting firm, seeking a judgment determining the validity of a claim the firm filed against a corporate debtor's bankruptcy estate. The firm filed a third-party action against third-party defendant Washington limited partnership, claiming that the partnership had an obligation to indemnify it against any judgment the trustee obtained. The partnership moved to dismiss.
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Court
:
Capital Hill Group v. Pillsbury Winthrop Shaw Pittman LLP
Jul
02
2008
Ruling
Legal malpractice claim related to zoning matter was a proceeding "arising in" debtor's bankruptcy.
Procedural posture
Plaintiff, the client of defendant law firm in a bankruptcy proceeding and a zoning matter, moved for remand of its malpractice case concerning the rezoning against the law firm pursuant to 28 U.S.C.S. § 1447(c) and § 1452(b), or in the alternative, for abstention by the federal district court pursuant to 28 U.S.C.S. § 1334(c). The law firm had removed the case to federal court citing jurisdiction under 28 U.S.C.S. § 1334(b).
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Court
:
Brown v. Cantey & Hanger LLP (In re Fort Worth Osteopathic Hosp. Inc.)
Jun
25
2008
Ruling
Bankruptcy court properly withdrew reference of proceeding brought by trustee against partnership without dismissal.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant partnership alleging that the partnership caused a bankruptcy debtor's failure, and the partnership asserted a claim against third-party defendant insurer for contribution. The bankruptcy reference was withdrawn with regard to the trustee's claim, and the insurer objected to the bankruptcy court's recommendation that the insurer's motion to dismiss be denied.
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Court
:
- 28 U.S.C.
Booker v. Booker
Jun
23
2008
Ruling
Bankruptcy court abstained from dispute between debtor and creditor where debtor's case had been dismissed.
Procedural posture
Plaintiffs, creditors, filed an adversary proceeding against defendant debtor seeking a determination that their debts were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6). The creditors also alleged claims under state law. The creditors moved for summary judgment.
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Court
:
- 28 U.S.C.
In re Sheppard
May
30
2008
Ruling
Bankruptcy court lacked jurisdiction over claims against lenders that were abandoned by trustee.
Procedural posture
A debtor had filed for relief under chapter 7 of the Bankruptcy Code and had obtained a discharge. The debtor filed a second motion to reopen the case to prosecute claims abandoned by a trustee for allegedly fraudulent activity perpetrated by various lenders.
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Court
:
Scott v. Aegis Mortg. Corp. (In re Aegis Mortg. Corp.)
May
22
2008
Ruling
Bankruptcy court lacked jurisdiction over recission action based on mortgage issued and serviced by debtor but sold prior to petition date.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors alleging that the debtors improperly issued and serviced a mortgage securing a loan to the creditor, and seeking money damages. The debtors moved to dismiss the complaint on the grounds that the mortgage was sold prior to the debtors' bankruptcies and that the creditor's proofs of claim precluded an adversary proceeding for damages.
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Court
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Detroit Phone Card Inc. v. Verizon Business Global LLC (In re CNS Communs. Ltd.)
Apr
14
2008
Ruling
Dispute among non-debtor parties regarding fund in which debtors had no interest was not related to debtors' bankruptcy.
Procedural posture
Defendants, Business B and a law firm, sought dismissal of an adversary complaint filed by plaintiff company against defendants, against Business C (which had intervened) and against debtor and its individual representative. Plaintiff's complaint asserted rights to a fund held by the law firm in connection with a putative settlement. At issue was whether the court had jurisdiction per 28 U.S.C.S. § 1334(b).
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Court
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