Toth v. Bodyonics Ltd.
Mar
15
2007
Ruling
Class action suit for alleged deceptive marketing of body building products was related to bankruptcy of defendant supplier against which co-defendant had filed an indemnity claim.
Procedural posture
Plaintiffs filed a consumer class action complaint in the Court of Common Pleas of Philadelphia County (Pennsylvania) against defendant companies alleging that they engaged in deceptive and unfair marketing with regard to a muscle-building product. Plaintiffs filed a motion to remand after company two removed the suit to the court. Company two moved to transfer the suit to the District Court for the Southern District of New York.
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Court
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Abbatiello v. Monsanto Co.
Mar
08
2007
Ruling
Unliquidated tort claim based on exposure to PCBs manufactured by debtor was not subject to mandatory abstention.
Procedural posture
Plaintiffs, employees of an electric company, filed an action against defendants, three corporations that were formed from a company that had manufactured polychlorinated biphenyls ("PCBs"), claiming that they suffered serious personal injuries because of exposure to PCBs. Defendants removed the action from state court. Before the court was plaintiffs'motion to remand the action to state court.
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Court
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Telluride Asset Resolution LLC v. Telluride Global Dev. LLC (In re Telluride Income Growth LP)
Mar
05
2007
Ruling
Bankruptcy court properly exercised permissive abstention in declining to rule on whether to lift existing state court injunction against involuntary debtor.
Procedural posture
The Bankruptcy Court for the District of Colorado held in Order 1, that an adversary proceeding was properly dismissed and abstained from ruling on a motion to lift a preliminary injunction. In Order 2, it remanded equitable contract breach claims to a state court where similar claims pended. Appellants (entity 1 and entity 2), who had purchased, both pre- and postpetition, various interests in debtor's property, challenged the orders.
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Waialeale v. Office of the Commander in Chief for the United States of America (In re Trans Hawaiian Servs.)
Mar
01
2007
Ruling
Bankrutpcy court lacked jurisdiction over adversary proceeding alleging claims agains the President of the United States and Secretary of State not arising under Title 11 or relating to debtor's bankruptcy.
Procedural posture
Plaintiff claimant, appearing pro se, brought an adversary proceeding in which he filed a "Motion for Injunctive Relief and an Order Granting Claims for Relief, for Fraud by the Court." The debtor in the underlying case was an airline company. Also named as defendants were President George W. Bush and Secretary of State Condoleezza Rice, neither of whom appeared.
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Court
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Delgado v. Elsa St. Bank & Trust Co. (In re Romano)
Feb
02
2007
Ruling
Breach of contract and fraud actions remanded to state court.
Procedural posture
Plaintiff owners filed a motion to remand to the state court their adversary proceeding for defendant debtor's breach of contract and fraud in the construction of their house.
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Court
:
- 28 U.S.C.
Robinson v. Edmonson (In re Robinson)
Jan
11
2007
Ruling
Bankruptcy court abstained from hearing legal malpractice action by debtor against bankruptcy counsel in nearly completed chapter 7 case.
Procedural posture
Plaintiff debtors filed an adversary proceeding alleging that defendant counsel committed fraud and legal malpractice in her advice to them during the course of their chapter 7 case, thus, causing them to lose their discharge and assets.
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Court
:
- 28 U.S.C.
Faulkner v. Berg (In re Heritage Org. LLC)
Dec
15
2006
Ruling
Dispute over promissory note in favor of debtor was related to debtor's bankruptcy and appropriate for determination by bankruptcy court.
Procedural posture
In an adversary proceeding brought by chapter 11 trustee, defendant filed a motion to withdraw reference pursuant to 28 U.S.C. § 157(d).
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Court
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Tower Automotive Mexico v. Grupo Proeza (In re Tower Auto Inc.)
Dec
07
2006
Ruling
Bankruptcy court lacked subject matter jurisdiction over proceeding for breach of arbitration agreement that would have no conceivable effect on bankruptcy.
Procedural posture
Plaintiff, a non-filing foreign subsidiary of an entity that had filed a chapter 11 proceeding, filed an adversary action in the court against defendant, a third party, claiming that defendant, which was, like plaintiff, a party to a joint venture, had breached certain arbitration agreements. Defendant sought to dismiss on a claim that the court lacked subject matter jurisdiction under 28 U.S.C. § 1334(b).
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Court
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Kalil v. Mullen (In re Mullen)
Nov
29
2006
Ruling
Proceeding regarding alleged fraudulent transfer of debtor's business to former spouse was related to bankruptcy.
Procedural posture
Chapter 11 debtor filed a motion to dismiss a complaint brought by plaintiff ex-spouse against defendants, debtor and debtor's related entities, which sought to preliminarily enjoin defendants from continuing to pursue a state court fraudulent transfer action.
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Court
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ConmacoReactor LP v. Shaw & Sons Equip. Rental Inc.
Nov
27
2006
Ruling
Cause of action for postpetition breach of contract did not arise under Title 11.
Procedural posture
Plaintiff lessor sought to recover from defendants, a lessee and a sublessee, rental payments for a crane, as well as damages due to the crane allegedly having been returned in bad condition. The lessee moved to dismiss the complaint for lack of subject matter jurisdiction and for improper venue or, in the alternative, to transfer venue.
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Court
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