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Smith v. Ace Ins. Co. Ltd. (In re BCE West L.P.)

Smith v. Ace Ins. Co. Ltd. (In re BCE West L.P.)

Ruling
Court declined to withdraw reference of proceeding seeking injunction preventing continuation of Bermuda arbitration proceeding.
Procedural posture

Plaintiff, a bankruptcy plan trustee, filed an adversary proceeding against defendants, an insurance company and its attorneys, for, inter alia, an injunction that would prevent defendants from proceeding with an action and arbitration in Bermuda, sanctions for violations of the Barton doctrine, and breach of contract. The matter was referred to a bankruptcy court. Defendants filed a motion to withdraw the reference to a bankruptcy court.

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opinion summary, case decided on August 31, 2006 , LexisNexis #1006-067