Nukote Intl Inc. v. Office Depot Inc.
Nov
16
2009
Ruling
Non-core prepetition right of action arising under state law was appropriate for permissive withdrawal.
Procedural posture
Plaintiff manufacturer alleged that as a direct result of the breakdown of its business relationship with defendant retailer the manufacturer was forced to file for chapter 11 bankruptcy protection. The manufacturer filed an adversary proceeding in the bankruptcy court against the retailer and asserted, inter alia, breach of contract and fraudulent and negligent misrepresentation. The retailer moved to withdraw the reference.
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Court
:
Gulfmark Offshore Inc. v. Bender Shipbuilding & Repair Co.
Nov
09
2009
Ruling
Action for breach of shipbuilding contract referred to bankruptcy court where debtor builder's involuntary case was pending.
Procedural posture
Plaintiff offshore company sued defendants, a shipbuilding company and its officers and directors, alleging breach of a contract to build vessels and related claims, including unjust enrichment and breach of fiduciary duty. The claims were stayed after commencement of a bankruptcy action for the shipbuilder. Pursuant to 28 U.S.C.S. § 157(a), the offshore company moved to refer the suit to the bankruptcy court. Defendants contested the motion.
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Court
:
- 28 U.S.C.
Smith v. Regions Bank
Nov
06
2009
Ruling
Motion to withdraw reference of core proceeding denied in interests of uniformity and judicial economy.
Procedural posture
Plaintiffs, debtors, filed a motion to reconsider the bankruptcy court's decision granting defendants, bank and the mortgage company, stay relief, and to impose an injunction or restraining order to prevent the bank and the mortgage company from selling the property. As such, the court treated the debtors' filing as a request to withdraw the reference to the bankruptcy court and as a request for injunctive relief.
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Court
:
Joe Gibsons Auto World Inc. v. Zurich Am. Ins. Co. (In re Joe Gibsons Auto World Inc.)
Sep
29
2009
Ruling
Adversary proceeding for bad faith against debtor car dealer's insurer was a core proceeding.
Procedural posture
Plaintiff debtor filed an adversary action against defendant insurer alleging, among other things, breach and bad faith refusal to resolve a valid insurance claim. The insurer contended that the matters raised in this adversary proceeding were not core matters as defined in 28 U.S.C.S. § 157(b)(2).
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Court
:
- 28 U.S.C.
Smith-Boughan Inc. v. Sun Trust Bank (In re GOE Lima LLC)
Sep
01
2009
Ruling
Stay of core proceeding granted to allow arbitration of dispute pursuant to underlying contract.
Procedural posture
Creditor brought an adversary proceeding against defendant bankruptcy debtor alleging that the debtor breached a contract whereby the creditor provided mechanical services in connection with construction of an ethanol facility on the debtor's property. The debtor moved for a stay of the proceeding pending arbitration.
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Court
:
- 28 U.S.C.
Comtel Telcom Assets LP v. Alvarez & Marsal Inc.
Aug
05
2009
Ruling
Action by purchasers of debtor's assets against restructuring officers for mismanagement referred to bankruptcy court as a core proceeding.
Procedural posture
Plaintiff purchaser of a bankruptcy estate's assets sued defendant restructuring officers, alleging that they mismanaged and failed to preserve the debtor's assets during the period between the court's approval of the sale and the final closing. The officers moved to refer the case to the bankruptcy court.
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Court
:
- 28 U.S.C.
JPMorgan Chase Bank v. Charter Communs. Operating LLC (In re Charter Communs.)
Jul
07
2009
Ruling
Determination of whether debtor defaulted under credit agreement prior to petition date was a core proceeding.
Procedural posture
The agent for a senior credit facility brought an adversary proceeding against debtors seeking a determination that the debtors committed defaults under the debtors' credit agreement with the facility prior to filing their bankruptcy petitions. The debtors moved for a determination of whether the proceeding was a core proceeding.
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Court
:
In re Superior Offshore Intl Inc.
Jul
06
2009
Ruling
Mandatory abstention not required with regard to claim that was subject of pending securities litigation.
Procedural posture
Claimant, an officer and director of debtor before it filed for bankruptcy, filed a proof of claim asserting a contingent, unliquidated claim for legal services (defense) of a securities lawsuit filed against him and against debtor (and others) relating to an initial public offering of stock, and a right of indemnity with respect to any judgment entered against him. The plan agent objected. Claimant responded by moving to withdraw the reference.
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Court
:
Doucet v. Drycock Coal Com. (In re Oakley)
Jun
18
2009
Ruling
Bankruptcy court had jurisdiction over proceeding concerning stock that was property of the estate.
Procedural posture
Appellees, a bankruptcy trustee and a creditor, brought an adversary proceeding against pro se appellant bankruptcy debtor and others seeking a determination that certain stock was property of the debtor's estate in which the creditor claimed a security interest. The debtor appealed the order of the bankruptcy court for the Southern District of Ohio which denied the debtor's posttrial motion to dismiss for lack of jurisdiction and standing.
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Travelers Indem. Co. v. Bailey
Jun
18
2009
Ruling
Injunction barring direct actions against insurers of asbestos products manufacturer issued by bankruptcy court more than two decades ago was not subject to jurisdictional attack.
Procedural posture
The Bankruptcy Court for the Southern District of New York found that a 1986 injunction in a debtor's reorganization plan, which barred actions against liability insurers of the debtor, applied to lawsuits brought directly against the insurers by claimants. Upon the grant of a writ of certiorari, the insurers appealed the judgment of the U.S. Court of Appeals for the Second Circuit which held that the claimants' lawsuits were not subject to the bankruptcy injunction.
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Court
: U.S. Supreme Court