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AEG Liquidation Trust v. Toobro NY LLC (In re American Equities Group Inc.)

AEG Liquidation Trust v. Toobro NY LLC (In re American Equities Group Inc.)

Ruling
Post-confirmation acts by liquidation trust to determine competing lien rights remanded to state court.
Procedural posture

Plaintiff liquidating trust created by a bankruptcy plan brought an action in state court against various defendants including a creditor asserting a lien against property against which the trust also claimed a lien. The creditor removed the action to the bankruptcy court, and the bankruptcy court sua sponte considered whether to remand the action to state court on equitable grounds pursuant to 28 U.S.C.S. § 1452(b).

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Commercial opinion summary, case decided on November 29, 2011 , LexisNexis #1211-140