Travelers Cas. & Sur. Co. of Am. v. Dunmore (In re Dunmore Homes Inc.)
Apr
02
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
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