DePaola v. Sleepys LLC (In re Professional Facilities Mgmt.)
Oct
27
2015
Ruling
Creditor consented to adjudication of counterclaim, which was actually a claim against the estate, by the bankruptcy court.
Issue(s)
Was creditor entitled to a jury trial of counterclaim in proceeding brought by trustee?
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Court
:
Atchison v. McConnell (In re McConnell)
Oct
16
2015
Ruling
Reference withdrawn for limited purpose of allowing district court to consider criminal contempt charges against debtor.
Issue(s)
Should reference of criminal contempt proceeding against debtor be withdrawn?
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Court
:
Brown v. Midland Credit Mgmt. (In re Brown)
Sep
29
2015
Ruling
Bankruptcy court had jurisdiction over debtor's proceeding alleging creditor violated the Fair Debt Collection Practices Act by filing a proof of claim.
Issue(s)
Should debtor's proceeding alleging violation of the Fair Debt Collection Practices Act be dismissed based upon lack of subject matter jurisdiction, or alternatively, based upon the res judicata effect of the confirmed plan?
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Court
:
- 28 U.S.C.
In re Residential Capital LLC
Sep
04
2015
Ruling
Intentional infliction of emotional distress claim was not a personal injury tort claim and could be adjudicated by the bankruptcy court.
Issue(s)
Whether claimants' IIED claim was a personal injury tort for purposes of 28 U.S.C.S. § 157(b)(5).
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Court
:
- 28 U.S.C.
Pekin Ins. Co. v. Wallace (In re Wallace)
Jul
23
2015
Ruling
Insurance company's declaratory judgment action relating to enforcement of judgment in favor of debtor in state court action dismissed as it was not a core proceeding.
Issue(s)
Whether the court should dismiss a complaint brought by an insurance company seeking a declaratory judgment that it was not contractually obligated to provide a defense to debtor or to pay a judgment previously entered against him in a pending state court action.
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Court
:
- 28 U.S.C.
Loveridge v. Hall (In re Renewable Energy Dev. Corp.)
Jul
02
2015
Ruling
District court erred in referring state law suit against former trustee to bankruptcy court without the consent of the parties.
Issue(s)
Was suit by former client of former trustee concerning the client's ability to enter into wind farm leases on the same properties were subject to debtor's leases, on which debtor had defaulted on payments, properly referred to bankruptcy court?
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Cutcliff v. Reuter
Jun
30
2015
Ruling
Action by Ponzi scheme victims to recover assets placed by debtor in revocable trust properly referred to bankruptcy court.
Issue(s)
Was proceeding by victims of debtor's Ponzi scheme seeking to recover assets placed in trust by debtor properly referred to the bankruptcy court?
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Court
:
Judge or Jurisdiction information not available
SNMP Research Intl Inc v. Nortel Networks Inc. (In re Nortel Networks Inc.)
Jun
02
2015
Ruling
Bankruptcy court could not enter judgment on claims of non-debtor against another non- debtor on non-core matters absent consent of plaintiff.
Issue(s)
Whether a bankruptcy court had authority to enter judgments or orders with respect to claims of plaintiff, a non-debtor, against a non-debtor defendant for non-core claims of copyright infringement, misappropriation of trade secrets, and breach of contract.
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Court
:
Gordon, In re--Edmondson v. Gordon
May
28
2015
Ruling
Court reversed the award of sanctions where bankruptcy court abused its discretion in notaccording appellant proper notice and allowing him the opportunity to respond. (6th Cir.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.
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:
Judge or Jurisdiction information not available
- 28 U.S.C.
Wellness Intl Network Ltd. v. Sharif
May
26
2015
Ruling
Bankruptcy courts may adjudicate Stern v. Marshall claims with the knowing and voluntary consent of the parties.
Issue(s)
Could debtor's Stern v. Marshall objection be waived and the bankruptcy court enter final judgment on an alter-ego claim when the parties knowingly and voluntarily, though not expressly, consented to adjudication by a bankruptcy judge?
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Court
: U.S. Supreme Court