- 28 U.S.C.
Smith, In re--BKGD, LLC v. Townsend
Apr
10
2017
Ruling
Abstention was warranted where relief requested could not be granted without determiningthat the trial court was wrong when it ruled that debtor had authority to transfer certaininterests. (Bankr. N.D. Ga.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.
ABI Membership is required to access the full summary of Smith, In re--BKGD, LLC v. Townsend Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Cole v. James B. Nutter & Co. (In re Cole)
Jan
05
2017
Ruling
Debtors did not have a standing to bring claims without the trustee and trustee may not bejoined to cure debtor's problem with standing. (Bankr. W.D.N.C.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.
ABI Membership is required to access the full summary of Cole v. James B. Nutter & Co. (In re Cole) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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?
ABI Membership is required to access the full summary of Ally Fin. Inc. v. Miller (In re Miller) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Loveridge v. Hall (In re Renewable Energy Dev. Corp.)
Jul
02
2015
Ruling
District court erred in referring state law suit against former trustee to bankruptcy court without the consent of the parties.
Issue(s)
Was suit by former client of former trustee concerning the client's ability to enter into wind farm leases on the same properties were subject to debtor's leases, on which debtor had defaulted on payments, properly referred to bankruptcy court?
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
Court
:
Judge or Jurisdiction information not available
Executive Benefits Ins. Agency v. Arkison
Jun
09
2014
Ruling
When presented with a Stern claim, the proper course is for the bankruptcy court to issue proposed findings of fact and conclusions of law for de novo review and entry of judgment by a district court.
Procedural posture
On de novo review, a district court affirmed a bankruptcy court's summary judgment for a trustee alleging a fraudulent conveyance in a chapter 7 case. After the creditor appealed, the U.S. Supreme Court issued its decision in Stern; based on Stern, the cr
ABI Membership is required to access the full summary of Executive Benefits Ins. Agency v. Arkison Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: U.S. Supreme Court
- 28 U.S.C.
Merv Props. LLC v. Fifth Third Bank (In re Merv Props. LLC)
Jan
17
2014
Ruling
Withdrawal of reference properly denied where claims could most efficiently be adjudicated in bankruptcy court.
Issue(s)
Should reference of debtor's action against bank for breach of contract and fraud be withdrawn?
ABI Membership is required to access the full summary of Merv Props. LLC v. Fifth Third Bank (In re Merv Props. LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
BP RE LP v. Waxahachie Dodge LLC (In re BP RE LP)
Nov
11
2013
Ruling
Bankruptcy court lacked jurisdiction over non-core proceedings not necessary to resolution of estate.
Issue(s)
Did bankruptcy court lack constitutional authority to enter a final, appealable judgment in an adversary proceeding alleging various state-law tort and contract claims related to negotiations over the sale and lease of a car dealership and the related property.
ABI Membership is required to access the full summary of BP RE LP v. Waxahachie Dodge LLC (In re BP RE LP) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Mertigage Homes Corp. v. JPMorgan Chase Bank
Jun
26
2012
Ruling
Third party's case against creditor removed as related to debtor's bankruptcy and transferred to district where state court action was pending.
Procedural posture
Plaintiff, the member of a third entity limited liability company, filed state court complaint alleging breach of contract and bad faith against defendant creditor that was removed to the bankruptcy court. The creditor then filed a motion requesting that the state court action be transferred to United States District Court for the District of Nevada. The member sought remand.
ABI Membership is required to access the full summary of Mertigage Homes Corp. v. JPMorgan Chase Bank Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Schafer v. Nextiraone Fed. LLC
Jun
18
2012
Ruling
Adversary proceeding that could alter debtor's rights and impact administration was related to debtor's bankruptcy.
Procedural posture
Defendant filed a motion to withdraw the reference under 28 U.S.C.S. § 157(d). Chapter 7 trustee opposed the motion.
ABI Membership is required to access the full summary of Schafer v. Nextiraone Fed. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Development Specialists Inc. v. Akin Gump Strauss Hauer & Feld LLP
Nov
02
2011
Ruling
Reference of state law actions against firms for proceeds of unfinished business continued by debtor's former partners withdrawn for lack of jurisdiction.
Procedural posture
Plaintiff Chapter 11 plan administrator brought adversary proceedings against defendant law firms in the United States Bankruptcy Court for the Southern District of New York, alleging that defendants were liable to the debtor under the unfinished business doctrine. After the bankruptcy court denied defendants' motion to dismiss, defendants filed a motion in district court to withdraw the bankruptcy reference.
ABI Membership is required to access the full summary of Development Specialists Inc. v. Akin Gump Strauss Hauer & Feld LLP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: