Skip to main content

§ 157(b)(3)

Elam, In re--Elam v. Nationstar Mortg., LLC

Ruling
Bankruptcy court lacked subject matter jurisdiction over adversary proceeding as the trusteehad abandoned the underlying real property and the debtor had received her discharge andthe underlying case was closed for more than nine years. (Bankr. W.D. Tenn.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Determination by

ABI Membership is required to access the full summary of Elam, In re--Elam v. Nationstar Mortg., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 04, 2022 , LexisNexis #0722-024

Mem'l Prod. Partners LP, In re--Beta Operating Co., LLC v. Aera Energy, LLC

Ruling
Substitution of surety bonds for the cash within a trust did not result in an impairment of previous owners' interests under the plan. (Bankr. S.D. Tex.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Determination by Bankruptcy Judge.

ABI Membership is required to access the full summary of Mem'l Prod. Partners LP, In re--Beta Operating Co., LLC v. Aera Energy, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 19, 2018 , LexisNexis #0218-112

Loveridge v. Hall (In re Renewable Energy Dev. Corp.)

Ruling
Attorneys for trustee were not entitled to sanctions against LLC and principal for filing third party complaint without conducting reasonable investigation.
Issue(s)
Were individual attorneys for trustee entitled to sanctions against LLC and principal, defendants in a proceeding alleging interference with administration of debtor's estate, for filing third party complaint without conducting reasonable investigation?.

ABI Membership is required to access the full summary of Loveridge v. Hall (In re Renewable Energy Dev. Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 10, 2014 , LexisNexis #0314-030

Wayne Indus. Holdings v. Goro (In re Wayne Engg Corp.)

Ruling
Bankruptcy court had jurisdiction over action by buyer of debtor's asets against debtor's owners and their LLC for conversion of estate assets.
Procedural posture

Plaintiff buyer filed an action against defendants, several businesses and various members of the same family, alleging conversion and intentional interference with its interest in assets it purchased from a chapter 7 corporate debtor. Defendants filed a motion to dismiss the action, claiming that the court lacked jurisdiction to hear the buyer's claims.

ABI Membership is required to access the full summary of Wayne Indus. Holdings v. Goro (In re Wayne Engg Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 17, 2008 , LexisNexis #0508-140

Community State Bank v. Lynch Dallas PC (In re Allen)

Ruling
Complaint seeking turnover from non-debtor corporation was not related to bankruptcy.
Procedural posture

Plaintiff creditor filed a complaint against defendants, debtors, their former business corporation, their attorneys and the chapter 7 trustee. The creditor sought turnover of $15,000 which it asserted was collateral pledged by the corporation. The complaint also sought to except the debt from discharge under 11 U.S.C. § 523(a)(6). Defendants moved to dismiss the request for turnover for lack of subject matter jurisdiction.

ABI Membership is required to access the full summary of Community State Bank v. Lynch Dallas PC (In re Allen) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on November 28, 2006 , LexisNexis #0107-053