Georgilis v. Corning Fed. Credit Union (In re Am. Made Tires Inc.)
Jun
14
2016
Ruling
Reconsideration of decision to remand adversary proceeding to state court denied.
Issue(s)
Should the bankruptcy court reconsider its remand of adversary proceeding to state court?
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Court
:
Citibank N.A. v. Cowart (In re Cowart)
Oct
29
2015
Ruling
State law unlawful detainer and quiet title actions remanded to state court.
Issue(s)
Should removed proceedings for unlawful detainer and quiet title under state law be remanded to state court?
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Court
:
- 28 U.S.C.
Daake v. C.D. Jones & Co (In re C.D. Jones & Co.)
May
12
2015
Ruling
Action to collect judgment against debtor's principal was properly removed to bankruptcy court.
Issue(s)
Were state court collection proceedings against debtor's principal properly removed to the bankruptcy court?
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Court
:
- 28 U.S.C.
Ford v. Quantum3 Grp. LLC (In re Ford)
Feb
23
2015
Ruling
State court case improperly removed to bankruptcy court not in district where the case was pending.
Issue(s)
Should proceeding removed from state court in a district other than where the bankruptcy court was located be remanded?
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Court
:
Anderson v. Morland (In re Anderson)
Oct
16
2014
Ruling
Case removed to bankruptcy court remanded as concerning solely state law issues.
Issue(s)
Should removed state law contract case be remanded to state court?
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Court
:
- 28 U.S.C.
Richland Bank v. Manor House Assisted Living Ltd.
Feb
21
2014
Ruling
Trustee's post-discharge motion for removal of bank's state court action against debtor was untimely.
Issue(s)
Should state court action by bank against debtor that had been removed by trustee be remanded?
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Court
:
- 28 U.S.C.
Contegra Constr. Co. LLC v. Sutpen (In re Advance Iron Works Inc.)
May
22
2013
Ruling
Debtor could not utilize removal process to bring state court litigation before bankruptcy court.
Procedural posture
Creditor filed an adversary proceeding against the corporate debtor's officer and majority shareholder. The debtor removed the case to the court and filed a motion to transfer the case to the home court. Plaintiff filed a motion to remand.
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Court
:
API Holdings LLC v. Frost Cummings Tidwell Group LLC (In re Adams Produce Co. LLC)
Feb
12
2013
Ruling
State law claims against debtor's predecessor's accounting firm remanded.
Procedural posture
An accounting firm filed a motion for remand pursuant to 28 U.S.C.S. § 1452(b), in the alternative for abstention, of claims of negligence, fraud, and state securities law violations brought against it by the corporate owner of the debtor.
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Court
:
- 28 U.S.C.
BellSouth Telcoms LLC v. Halo Wireless Inc.
Mar
05
2012
Ruling
Proceedings remanded to state utility commission as related to bankruptcy but not within conventional experience of bankruptcy court.
Procedural posture
Plaintiff, a provider of wireless telecommunications services, filed a motion against defendant chapter 11 debtor to strike defendant's notice of removal or, in the alternative, to remand the case, which had been removed from the North Carolina Utilities Commission (NCUC).
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Court
:
Frost & Co. v. Smithey (In re Smithey)
Feb
16
2012
Ruling
Non-core fraud proceeding remanded to state court.
Procedural posture
Fraud claimants commenced this adversary proceeding by filing a notice of removal in the court for an action which was pending before an Ohio state court. The action removed from the state court was grounded in fraud. A co-defendant, defendant debtor's company, presently had a motion for Summary Judgment pending before the court.
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Court
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