- 28 U.S.C.
In re High Tech Packaging Inc.
Oct
31
2008
Ruling
Settlement of claims against involuntary debtor's estate approved over objections of guarantors.
Procedural posture
An involuntary petition was filed against debtor corporation on May 15, 2008, and on June 9, 2008, the court adjudicated the corporation a debtor and appointed a trustee to represent the bankruptcy estate. The trustee filed a motion seeking permission to compromise claims creditors filed against the debtor's bankruptcy estate, and two creditors filed a limited objection to the trustee's motion.
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Court
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- 28 U.S.C.
Navom v. Mariculture Prods. Ltd.
Oct
29
2008
Ruling
Removed state action for breach of contract and unjust enrichment referred to bankruptcy court as result would affect ability to satisfy creditors.
Procedural posture
Plaintiff filed an action against defendant company in a state court alleging breach of contract and unjust enrichment from a $1.47 million promissory note issued to her from the company. A trustee of the bankruptcy estate belonging to plaintiff's husband removed the case to the court. The company sought to refer the case to a bankruptcy court, and plaintiff sought to remand the matter to state court.
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Court
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Kasim v. Equifax Info. Servs. LLC
Oct
28
2008
Ruling
Bankruptcy court properly dismissed debtor's action under Fair Credit Reporting Act as non- core and lacking sufficient close nexus with bankruptcy.
Procedural posture
After appellant debtor received a chapter 11 discharge, he filed an action in the U.S. Bankruptcy Court for the District of Oregon alleging that appellee consumer reporting agencies (CRAs) violated the Fair Credit Reporting Act (FRCA), 15 U.S.C.S. § 1681 et seq. The bankruptcy court dismissed the action for lack of jurisdiction, and the debtor sought review of that decision.
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Court
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- 28 U.S.C.
Buesgens v. Bergman (In re Bergman)
Oct
21
2008
Ruling
Employment discrimination proceeding by third party whose only connection with bankruptcy was a similar complaint by debtor dismissed for lack of subject matter jurisdiction
Procedural posture
Plaintiff employee was ordered to show cause why his adversary proceeding for employment discrimination against defendants, a debtor, the trustee, the officials, and the attorneys, should not have been dismissed for lack of jurisdiction.
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Court
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Connolly v. Spaulding (In re Van Vleet)
Oct
10
2008
Ruling
Court declined to withdraw reference of case against corporation in which debtor had 100% equity interest.
Procedural posture
Defendant creditor asserted that he loaned money to a corporation in a foreign country in which the debtor had a one hundred percent equity interest and that because the corporation was not a party to the bankruptcy, withdrawal of the reference under 28 U.S.C.S. § 157(d) was appropriate. Plaintiff trustee objected, contending that the debtor should not be liable to the creditor.
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Court
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Prince v. Countrywide Home Loans Inc.
Oct
08
2008
Ruling
Motion to withdraw reference of debtors' challenge to foreclosure sale denied.
Procedural posture
Debtors filed a motion to withdraw the reference, pursuant to 28 U.S.C.S. § 157(d), of their Real Estate Settlement Procedures Act (RESPA) and Fair Debt Collection Practices Act (FDCPA) claims against defendant bank.
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Court
:
- 28 U.S.C.
In re Copperfield Invs. LLC
Sep
29
2008
Ruling
Motion to withdraw reference denied where claims at issue involved core matters.
Procedural posture
A debtor filed for relief under chapter 11 of the Bankruptcy Code. In addition to the bankruptcy proceeding, the debtor was involved in a civil action pending with the court, that involved substantially the same factual issues as those presented in the bankruptcy proceeding. A creditor filed a motion to withdraw the reference to the bankruptcy court.
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Court
:
- 28 U.S.C.
In re Exide Techs.
Sep
19
2008
Ruling
Bankruptcy court erred in failing to consider state contract law when denying motion to remand indemnity proceeding to state court.
Procedural posture
Appellants, a domestic company and four of its foreign affiliates (seller companies), sought review of a decision from the United States District Court for the District of Delaware, which affirmed a decision from a bankruptcy court denying their motion to remand to state court, and/or abstain from, their claims against appellees, three foreign subsidiaries (buyer companies).
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Court
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Judge or Jurisdiction information not available
- 28 U.S.C.
Hook v. Commissioner (In re Hook)
Sep
18
2008
Ruling
Tax determination proceeding properly dismissed given dismissal of underlying chapter 11 claim.
Procedural posture
Appellant debtors commenced an adversary proceeding against appellee, the Commissioner of Internal Revenue (IRS), seeking a determination of their federal income tax liabilities for the tax years 1992 through 2006, and appealed from an order of the United States Bankruptcy Court for the District of Colorado dismissing the adversary proceeding with respect to 1992- 1996.
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Court
:
- 28 U.S.C.
Duke v. Trans Union LLC
Sep
16
2008
Ruling
Debtor's Fair Credit Reporting Act proceeding disimissed for lack of subject matter jurisdiction.
Procedural posture
Chapter 13 debtors sued defendant credit reporting agency, alleging, inter alia, that it vioalted the Fair Credit Reporting Act (FCRA) when disputed debts continued to appear on their credit reports. The bankruptcy court for the district of Oregon granted the agency's motion to dismiss the FCRA claims, dismissing the claims without prejudice for lack of subject matter jurisdiction. The debtors appealed the order.
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Court
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