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§ 157(b)(2)(C)

JRjr33, Inc., In re--Yaquinto v. JGB Collateral LLC

Nov
30
2020
Ruling
All counts against a third-party lender group were statutorily core in nature as they werecounterclaims to the lender group's proofs of claims. (Bankr. N.D. Tex.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Core Proceedings;

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Commercial opinion summary, case decided on November 30, 2020 , LexisNexis #0121-074
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Millennium Lab Holdings II, LLC, n re

Dec
19
2019
Ruling
Bankruptcy could confirm a Chapter 11 reorganization plan containing non-consensual third-party releases and injunctions. (3d Cir.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Core Proceedings;

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on December 19, 2019 , LexisNexis #0220-022
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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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Consumer opinion summary, case decided on October 21, 2013 , LexisNexis #1113-068
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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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Commercial opinion summary, case decided on July 30, 2012 , LexisNexis #0812-100
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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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Consumer opinion summary, case decided on June 23, 2011 , LexisNexis #0711-035
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Waccamaw Bank v. Millwork Specialties Inc. (In re Millwork Specialties Inc.)

Jan
26
2010
Ruling
Jury trial of adversary proceeding referred to district court unless parties stipulated to trial in bankruptcy court.
Procedural posture

Defendants, a chapter 11 debtor, another debtor, and two individuals, filed a motion to withdraw an adversary proceeding to the district court for the Eastern District of North Carolina for a trial by jury. Plaintiff creditor objected to the motion.

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Commercial opinion summary, case decided on January 26, 2010 , LexisNexis #0410-028
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