- 28 U.S.C.
Bavelis v. Doukas (In re Bavelis)
Nov
26
2014
Ruling
Defense that note was subject to rescission due to fraudulent inducement was a core proceeding.
Issue(s)
Did the bankruptcy court lack constitutional authority to enter judgment on debtor's right of rescission of a bank's stock sale to him?
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Rock Airport of Pittsburgh LLC v. Management Sci. Assocs.
Apr
11
2014
Ruling
Adversary proceeding for resolution of consent order requiring easement encumbering debtor's estate was a core proceeding.
Issue(s)
Did bankruptcy court abuse its discretion by entering order in dispute over easement encumbering debtor's estate?
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Court
:
- 28 U.S.C.
In re Federacion De Maestros De P.R. Inc.
Feb
27
2014
Ruling
State law turnover claim, the purpose of which was not to collect debt, was subject to mandatory abstention.
Issue(s)
Should bankruptcy court abstain from hearing motion by debtor seeking an order requiring state court to turn over funds currently held in deposit as a result of two civil suits brought by creditor?
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Court
:
- 28 U.S.C.
Compton v. Sutton (In re Sutton)
Feb
06
2014
Ruling
Reference of turnover proceeding against debtor father and trust, neither of which had filed claims, withdrawn.
Issue(s)
Should reference be withdrawn of proceeding to recover properties transferred to debtor's father and living trust prior to petition date and without consideration?
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Court
:
- 28 U.S.C.
Edwards v. Vanderbilt Mortg. & Fin. Inc. (In re Edwards)
Oct
21
2013
Ruling
Arbitration of core claim that would not be resolved through claims allowance process ordered to proceed.
Issue(s)
Should debtor be compelled to arbitrate creditor's claim for violation of state fair debt collection practices law.
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Court
:
- 28 U.S.C.
Wellness Intl Network Ltd. v. Sharif
Aug
21
2013
Ruling
Bankruptcy court had jurisdiction over objections to discharge but not over state law based alter ego claim.
Issue(s)
Did bankruptcy court have authority to enter final judgment on objections to discharge and creditor's state law alter ego claim against trust of which debtor was trustee.
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Mott v. Sallie Mae Servs. (in re Mott)
May
22
2013
Ruling
Proceeding to discharge student loan debt based on failure to receive promised education dismissed for lack of subject matter jurisdiction.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against creditor, seeking a determination that student loan debt he owed was dischargeable in bankruptcy. The creditor filed a motion to dismiss for lack of subject matter jurisdiction.
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Court
:
- 28 U.S.C.
OCheskey v. Koehler (In re American Hous. Found.)
Mar
01
2013
Ruling
Request for jury trial in avoidance proceeding denied.
Procedural posture
Liquidating trustee (the "Trustee") alleged that trusts were initial transferees of fraudulent transfers received as a result of the sale of partnership interests and that a group of defendants were immediate or mediate transferees of $3.5 million of those funds. He sought the avoidance and recovery of fraudulent and preferential transfers pursuant to 11 U.S.C.S. §§ 547, 548, 550. Said group of defendants made demand for a jury trial.
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Court
:
- 28 U.S.C.
Steinle v. Fall River Vill. Cmtys. LLC (In re CCI Funding I)
Jul
30
2012
Ruling
Bankruptcy court had authority to hear avoidance proceeding against borrowers of debtor.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant borrowers seeking to recover amounts due from the borrowers on promissory notes and disallowance of the borrowers' proofs of claim. The borrowers moved for a determination that the bankruptcy court lacked constitutional authority to adjudicate the trustee's state-law contractual claims.
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Court
:
- 28 U.S.C.
Stern v. Marshall
Jun
23
2011
Ruling
Bankruptcy court was not established under Article III and lacked subject matter jurisdiction to enter judgment on debtor's state tort counterclaim to creditor's defamation claim despite attempted statutory extension of jurisdiction under 28 U.S.C.S. § 157(b)(2)(C).
Procedural posture
Creditor brought an adversary proceeding against petitioner bankruptcy debtor for defamation and the debtor obtained a judgment on a counterclaim for tortious interference with an intended gift from the debtor's deceased spouse. Upon the grant of a writ of certiorari, the debtor challenged the judgment of the U.S. Court of Appeals for the Ninth Circuit which held that the bankruptcy court lacked jurisdiction to enter the judgment.
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Court
: U.S. Supreme Court