Providence Real Estate Ventures, LLC v. Great Circle Capital, LLC (In re GCC-Chase, LLC)
Jul
29
2016
Ruling
Reference of adversary proceeding withdrawn for limited purpose of allowing mediation.(Bankr. W.D.N.C.)
Issue(s)
Should the bankruptcy court withdraw
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Court
:
- 28 U.S.C.
Horowitz v. Sulla (In re Horowitz)
Jul
26
2016
Ruling
Removal of state court foreclosure action denied. (Bankr. D. Hawaii)
Issue(s)
Should bankruptcy court reconsider its dismissal of adversary proceeding due to addition of new federal claims.
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Court
:
- 28 U.S.C.
Arnot v. Prodehl (In re Neel)
Jun
14
2016
Ruling
Remand of state law claims denied where significant bankruptcy issues were also raised.
Issue(s)
Should four adversary proceedings based on state law be remanded to state court?
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Court
:
District of Oregon ( ) [ Bankruptcy Court ]
- 28 U.S.C.
Gavin Solmonese LLC v. Shyamsundar (In re AmCad Holdings LLC)
Jun
14
2016
Ruling
Postconfirmation proceeding dismissed for lack of “related to” jurisdiction.
Issue(s)
Whether to dismiss an adversary proceeding commenced by liquidating trustee that asserted claims for breach of fiduciary duty, preferential transfer, and claim disallowance against managers and officers.
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Court
:
Solution Trust v. 2100 Grand LLC (In re AWTR Liquidation Inc.)
Mar
11
2016
Ruling
Bankruptcy court could issue final judgments or orders on claims objections and the avoidance claims, as well as rulings on motions to dismiss and for a more definite statement.
Issue(s)
Did the bankruptcy court have subject matter jurisdiction and authority to issue final judgments or orders on claims objections d the avoidance claims or issue final rulings on motions to dismiss and for a more definite statement?
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Court
:
- 28 U.S.C.
Ally Fin. Inc. v. Miller (In re Miller)
Feb
09
2016
Ruling
Bankruptcy court could continue to exercise jurisdiction over tort, fraud and conversion claims that were related to debtors' bankruptcy.
Issue(s)
Should bankruptcy court dismiss claims of tortious interference, fraud, and conspiracy to commit fraud against debtors and non-debtors for lack of subject matter jurisdiction?
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Court
:
Mobley v. Quality Lease & Rental Holdings LLC (In re Quality Lease & Rental Holdings LLC)
Feb
01
2016
Ruling
Reference of adversary proceeding involving claims with colorable right to jury trial withdrawn.
Issue(s)
Should the reference of a proceeding concerning the alleged diversion for personal use of corporate assets by parties who sold businesses to debtors be withdrawn?
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Court
:
Deeba v. Corporate Grp. LLC (In re Macco Props.)
Jan
29
2016
Ruling
Transferee's motion for jury trial in proceeding concerning post-petition transfer and for withdrawal of reference denied.
Issue(s)
Should reference of avoidance proceeding be withdrawn and jury trial be allowed?
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Court
:
- 28 U.S.C.
Herbert v. PHH Mortg. Corp. (In re Herbert)
Nov
05
2015
Ruling
Bankruptcy court lacked authority under Stern to issue final orders on debtor's nonbankruptcy claim against creditor that had not filed a proof of claim.
Issue(s)
Could bankruptcy court issue a final judgment on debtor's nonbankruptcy claims against creditor that did not file a proof of claim?
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Court
:
- 28 U.S.C.
Pulsifer v. U.S. Bank N.A. (In re Pulsifer)
Nov
02
2015
Ruling
Debtor's could not have dismissal of adversary proceeding vacated to request finding of facts and conclusions of for appeal.
Issue(s)
Should debtors' be granted relief from the dismissal of their adversary proceeding on grounds of excusable neglect?
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Court
: