Moyer Grp., Inc., In re--Pereira v. Frenkel Benefits, LLC
Jun
26
2018
Ruling
Defendant's motion to dismiss the eleventh claim for relief granted as the amended complaintfailed to assert with sufficient specificity that defendant was unjustly enriched. (Bankr. S.D.N.Y.)
Issue(s)
Procedures; Reference of Cases and Proceedings by District Court to Bankruptcy Court.
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Court
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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
:
Desormes v. Charlotte School of Law LLC
Oct
03
2011
Ruling
Motion to withdraw reference of core proceeding to determine dischargeability of student loan debt denied.
Procedural posture
Debtor initiated an adversary proceeding in the bankruptcy court, under 11 U.S.C.S. § 523(a)(8), to determine the dischargeability of student loans. Debtor then filed a stay violation action, under 11 U.S.C.S. § 362, against defendants. Debtor filed a second dischargeability action, then moved to withdraw the reference of the first dischargeability action and the stay violation action.
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Court
:
In re Means
Aug
04
2010
Ruling
Bankruptcy court lacked jurisdiction over debtor's prepetition federal action to rescind mortgage
Procedural posture
A bankruptcy debtor brought an action to rescind a mortgage obligation, the action was removed to federal district court, and the debtor then filed a bankruptcy petition. The bankruptcy court considered its jurisdiction over the action in view of a district court order which appeared to conclude that the case was already before the bankruptcy court.
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Court
:
Gulfmark Offshore Inc. v. Bender Shipbuilding & Repair Co.
Nov
09
2009
Ruling
Action for breach of shipbuilding contract referred to bankruptcy court where debtor builder's involuntary case was pending.
Procedural posture
Plaintiff offshore company sued defendants, a shipbuilding company and its officers and directors, alleging breach of a contract to build vessels and related claims, including unjust enrichment and breach of fiduciary duty. The claims were stayed after commencement of a bankruptcy action for the shipbuilder. Pursuant to 28 U.S.C.S. § 157(a), the offshore company moved to refer the suit to the bankruptcy court. Defendants contested the motion.
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Court
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Doucet v. Drycock Coal Com. (In re Oakley)
Jun
18
2009
Ruling
Bankruptcy court had jurisdiction over proceeding concerning stock that was property of the estate.
Procedural posture
Appellees, a bankruptcy trustee and a creditor, brought an adversary proceeding against pro se appellant bankruptcy debtor and others seeking a determination that certain stock was property of the debtor's estate in which the creditor claimed a security interest. The debtor appealed the order of the bankruptcy court for the Southern District of Ohio which denied the debtor's posttrial motion to dismiss for lack of jurisdiction and standing.
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Court
:
Judge or Jurisdiction information not available
Scully v. Danzig (In re Valley Food Servs. LLC)
Dec
09
2008
Ruling
Claim that would not have effect on bankruptcy case was not within bankruptcy court jurisdiction or supplemental jurisdiction.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant and third-party plaintiff guarantor of obligations owed to third-party defendant bank by a bankruptcy debtor, and the guarantor asserted that the bank improperly manipulated perfection of security interests which subjected the guarantor to preference liability. The bank moved to dismiss the third-party complaint for lack of jurisdiction.
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Court
:
Kasim v. Equifax Info. Servs. LLC
Oct
28
2008
Ruling
Bankruptcy court properly dismissed debtor's action under Fair Credit Reporting Act as non- core and lacking sufficient close nexus with bankruptcy.
Procedural posture
After appellant debtor received a chapter 11 discharge, he filed an action in the U.S. Bankruptcy Court for the District of Oregon alleging that appellee consumer reporting agencies (CRAs) violated the Fair Credit Reporting Act (FRCA), 15 U.S.C.S. § 1681 et seq. The bankruptcy court dismissed the action for lack of jurisdiction, and the debtor sought review of that decision.
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Court
:
Baumgartner v. Ford Motor Credit Co. LLC
Jul
09
2007
Ruling
Dispute over creditor's repossession of vehicle after lifting of stay was not related to bankruptcy.
Procedural posture
Plaintiff, a discharged chapter 7 debtor, filed a conversion suit in the Circuit Court of Callaway County (Missouri) against defendant creditor alleging that it unlawfully repossessed his truck. The debtor filed a motion to remand after the creditor removed the suit to the court. The creditor moved to reassign or transfer the case to the bankruptcy court pursuant to 28 U.S.C. § 157(a).
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Court
:
In re Buran
Sep
12
2006
Ruling
Removed action for dissolution of corporation of which debtor owned 50% of stock referred to bankruptcy court.
Procedural posture
Prior to filing for bankruptcy, petitioner chapter 11 debtor filed a proceeding in a New York state court for dissolution of a corporation. The debtor removed the dissolution action to district court under 28 U.S.C. § 1452 and Fed. R. Bankr. P. 9027 and moved for referral to bankruptcy court. Respondent shareholder purported to move for remand to state court.
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Court
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