- 28 U.S.C.
Wayne Indus. Holdings v. Goro (In re Wayne Engg Corp.)
Apr
17
2008
Ruling
Bankruptcy court had jurisdiction over action by buyer of debtor's asets against debtor's owners and their LLC for conversion of estate assets.
Procedural posture
Plaintiff buyer filed an action against defendants, several businesses and various members of the same family, alleging conversion and intentional interference with its interest in assets it purchased from a chapter 7 corporate debtor. Defendants filed a motion to dismiss the action, claiming that the court lacked jurisdiction to hear the buyer's claims.
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Court
:
- 28 U.S.C.
Grimes v. First-Citizens Bank & Trust Co. (In re Grimes)
Mar
31
2008
Ruling
Negligence action against bank and its officials would benefit creditors and was related to debtor's bankruptcy.
Procedural posture
Plaintiff debtor objected that the bankruptcy court lacked jurisdiction under 28 U.S.C.S. § 157(b)(5) to hear his action against defendants, a bank and its officials, for negligence.
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Court
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Gregs Ballroom v. Showalter (In re Villarreal)
Mar
14
2008
Ruling
Wrongful foreclosure action converted to avoidance proceeding on removal was core and not subject to mandatory abstention.
Procedural posture
Defendant creditor filed a motion to remand Plaintiff chapter 13 debtors'removed action, which alleged wrongful foreclosure, sought avoidance of the foreclosure sale under 11 U.S.C.S. § 547 and § 548, and requested that the court issue a declaratory judgment declaring the property at issue as their homestead. The motion was based on principles of abstention pursuant to 28 U.S.C.S. § 1334(c).
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Court
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In re Blanchard Transp. Servs.
Feb
29
2008
Ruling
Arbitration of core matters is inconsistent with Bankruptcy Code.
Procedural posture
The debtor filed a motion for an order directing turnover of property of the debtor's estate that was in the possession of the debtor's customer. In response, the customer requested that the proceedings be stayed or dismissed while the parties submitted their disputes to arbitration, or in the alternative, that the court dismiss the debtor's motion so that the debtor could initiate the matter as an adversary proceeding.
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Court
:
- 28 U.S.C.
Pullen v. Cornelison (In re Pullen)
Nov
14
2007
Ruling
Legal malpractice adversary proceeding against bankruptcy counsel from prior case was a core proceeding to liquidate prepetition asset.
Procedural posture
Plaintiff debtors filed a motion to amend their legal malpractice adversary proceeding against defendants, the individuals and a limited liability company ("LLC"), to add a fraud claim.
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Court
:
In re Dana Corp.
Oct
03
2007
Ruling
Government's CERCLA claims were not subject to mandatory withdrawal.
Procedural posture
The United States of America ("Government") moved for a stay of the debtors'objection to the Government's proofs of claim and the related estimation procedures pending a decision from the district court on the Government's motion to withdraw the reference. The Government brought its claims under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA").
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Court
:
- 28 U.S.C.
In re TWA Inc. Post Confirmation Esate
Sep
21
2007
Ruling
Bankruptcy court had jurisdiction over employee's motion to compel purchaser of debtor's assets to pay workers'compensation benefits.
Procedural posture
An employee of the debtor filed a motion to compel the purchaser of the debtor's assets (successor in interest) to pay workers'compensation benefits. The successor in interest objected to the court's subject matter jurisdiction to determine the specific amount of the compensation.
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Court
:
Baumgartner v. Ford Motor Credit Co. LLC
Jul
09
2007
Ruling
Dispute over creditor's repossession of vehicle after lifting of stay was not related to bankruptcy.
Procedural posture
Plaintiff, a discharged chapter 7 debtor, filed a conversion suit in the Circuit Court of Callaway County (Missouri) against defendant creditor alleging that it unlawfully repossessed his truck. The debtor filed a motion to remand after the creditor removed the suit to the court. The creditor moved to reassign or transfer the case to the bankruptcy court pursuant to 28 U.S.C. § 157(a).
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:
Consolidated SWINC Estate v. Ace USA Inc. (In re Stone & Webster Inc.)
May
04
2007
Ruling
Prepetition insurance dispute was non-core.
Procedural posture
In connection with an adversary proceeding filed against it by plaintiffs, successors-in-interest to two chapter 11 debtors, defendant insurer asked the court for a determination that the proceeding was a non-core proceeding within the meaning of 28 U.S.C. § 157.
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:
Nicole Energy Servs. v. McClathey
Mar
26
2007
Ruling
Adversary proceeding that would not involve substantial decisions under non-bankruptcy law did not call for withdrawal of reference.
Procedural posture
Defendants filed a motion to withdraw the reference of an adversary proceeding from the bankruptcy court.
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Court
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