Travelers Cas. & Sur. Co. of Am. v. Dunmore (In re Dunmore Homes Inc.)

Apr

2009

Ruling

Withdrawal of reference not warranted prior to determination by bankruptcy court of whether tax proceeding was core or non-core.

Procedural posture

Plaintiff insurer sued defendant chapter 11 debtor, debtor's owner, debtor's predecessor in interest, and bank, alleging that it had a senior security interest in a tax refund owed to the owner. The bank filed counterclaims and cross-claims, then moved to withdraw the reference of the adversarial action from the bankruptcy court and transfer the matter to the district court pursuant to 28 U.S.C.S. § 157(d) and Fed. R. Bankr. P. 5011(a).

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Court :

Eastern District of California ( Judge Shubb ) [ District Court ]

Commercial opinion summary, case decided on April 02, 2009 , LexisNexis #0509-093

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11 U.S.C.

Campos v. Wells Fargo Bank N.A.

Nov

2005

Ruling

Debtor could not recover setoff because the obligation was more than a year old and did not render debtor insolvent.

Procedural posture

Appellant debtor challenged the decision entered by the bankruptcy court that denied the debtor's claim for relief from appellee bank's seizure of funds from the debtor's savings account.

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Court :

Eastern District of California ( Judge Shubb ) [ District Court ]

opinion summary, case decided on November 30, 2005 , LexisNexis #0106-022

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