South Valley Bank & Trust v. Sequoia Vill. LLC (In re Sequoia Vill. LLC)
Feb
14
2012
Ruling
Remand of bank's case against debtor and 15 other non-debtor defendants denied where related proceeding was pending in district court.
Procedural posture
Bank filed a complaint against debtor and 15 other non-debtor defendants in state court. The debtor filed a chapter 11 petition and on the same date removed the action to the bankruptcy court. The debtor filed a motion for withdrawal of reference, and the bank objected. The bank filed a motion for remand pursuant to 28 U.S.C.S. § 1452(b).
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Court
:
- 28 U.S.C.
BellSouth Telcoms LLC v. Halo Wireless Inc.
Dec
09
2011
Ruling
Wireless carriers' dispute was properly removed due to one carrier's bankruptcy but remanded due to Public Service Commission's expertise and terms of agreement.
Procedural posture
Defendant filed a motion to transfer the case to the United States Bankruptcy Court for the Eastern District of Texas, where defendant had filed a chapter 11 bankruptcy proceeding and an adversary proceeding. Plaintiff filed a motion to remand.
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Court
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AEG Liquidation Trust v. Toobro NY LLC (In re American Equities Group Inc.)
Nov
29
2011
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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Court
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BKDean Props. LLC v. Royal Bank Am. (In re Croatan Surf Club LLC)
Aug
10
2011
Ruling
Debtor LLC could not remove cases filed by creditor in state court against guarantors of LLC's construction financing.
Procedural posture
Plaintiff bank filed multiple actions in the Court of Common Pleas for Montgomery County, Pennsylvania, seeking order which required defendant guarantors to pay a debt that was owed by an LLC that declared chapter 11 bankruptcy. The LLC removed the cases to the bankruptcy court, pursuant to 28 U.S.C.S. § 1452(a), the bank filed motions to strike the LLC's notices of removal or, in the alternative, to remand the cases to state court.
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Court
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In re Caribbean Petroleum Corp.
Dec
23
2010
Ruling
Negligence action based on Puerto Rican law that would have no impact on restructuring remanded to commonwealth court.
Procedural posture
Defendant filed, pursuant to 28 U.S.C.S. § 1452(a), notices of removal of negligence actions filed against it and Chapter 11 debtors by plaintiffs in the commonwealth court. Plaintiff filed a motion for remand pursuant to § 1452(b).
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Court
:
- 28 U.S.C.
Pinchanski v. Finn
Jun
10
2010
Ruling
Delaware challenge to Massachusetts fraudulent transfer case that was removed to bankruptcy court transferred to Massachusetts bankruptcy court.
Procedural posture
Debtor was the subject of an involuntary bankruptcy filing in Massachusetts, to which the chapter 7 trustee then removed, from the state court where it was filed, a fraudulent conveyance and breach of fiduciary duty case against insiders. When the trustee then removed a state court case filed by such insiders in Delaware to the court and moved to transfer to the Massachusetts bankruptcy court, the insiders asked the court to abstain.
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Court
:
- 28 U.S.C.
Orange County Water Dist. v. Unocal Corp.
Oct
01
2009
Ruling
Mandamus challenging allegedly improper bankruptcy court removal of state case that did not impact court's subject matter jurisdiction denied.
Procedural posture
Petitioner water district petitioned for a writ of mandamus, challenging an order of the United States District Court for the Southern District of New York, which denied its motion to remand its action alleging groundwater contamination to state court. The question presented was whether the district court could retain jurisdiction when a case was improperly removed to federal court.
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Wellness Intl Network v. JPMorgan Chase Bank (In re Sharif)
Jul
02
2009
Ruling
There is no legal authority to "remove" a district court case to bankruptcy court.
Procedural posture
In adversary proceedings, respondents, individual litigants and a bankruptcy debtor, sought to remove two actions filed by petitioner corporation--a garnishment action from Texas state court and a collection proceeding filed in the U.S. District Court for the Northern District of Texas-- to make them part of respondent debtor's bankruptcy case. Movants. the corporation and two other litigants, requested that the notices of removal be dismissed.
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Court
:
Briese v. Conoco-Phillips Co.
Feb
03
2009
Ruling
Debtor's postdischarge state tort action remanded.
Procedural posture
Plaintiffs, a chapter 7 debtor and the chapter 7 trustee, filed a motion to remand the debtor's removed state court tort action against defendants pursuant to 28 U.S.C.S. § 1334(c) and § 1452(b). Defendants filed a motion to transfer the action to the bankruptcy court where the debtor's bankruptcy case was pending.
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Court
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City of Ann Arbor Employees Ret. Sys. v. Citigroup Mortg. Loan Trust Inc.
Aug
11
2008
Ruling
Securities claims had conceivable effect on debtor's bankruptcy and were properly removed.
Procedural posture
Plaintiff retirement system and investors brought a class action against defendant mortgage loan trusts in state court, alleging violations of 15 U.S.C.S. §§ 77k and 77o. The matter was removed to federal district court. The retirement system and investors moved to remand on the ground that 15 U.S.C.S. § 77v(a) prohibited removal of cases brought under the Securities Act of 1933.
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Court
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