Stratton v. Garcia
Feb
12
2007
Ruling
Fraudulent transfer proceeding involving consideration of state as well as federal law did not give rise to mandatory withdrawal.
Procedural posture
Debtor filed a chapter 7 bankruptcy and plaintiff trustee was appointed. The trustee sued defendant purchasers who had purchased real property from the debtor, seeking to have the sale avoided as a fraudulent transfer under 11 U.S.C. § 548 and various state law provisions. The purchasers filed a motion to withdraw the adversary proceeding from the bankruptcy court to the district court. The trustee did not oppose the motion.
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Court
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VWE Group Inc. v. Amlicke (In re VWE Group Inc.)
Jan
05
2007
Ruling
Motion for withdrawal of reference of non-core legal malpractice claim against debtor's prepetition counsel granted.
Procedural posture
Plaintiff, the official committee of unsecured creditors, filed an adversary proceeding against defendants, several former partners of a dissolved law firm that represented the debtor, and asserted malpractice claims based on their alleged failure to advise the Debtor to seek chapter 11 protection in a timely manner. Defendants filed a motion to withdraw reference and filed a jury demand.
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Court
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Sterling State Bank v. Mittelstaedt
Dec
21
2006
Ruling
Withdrawal of reference not appropriate where adversary proceeding required only routine consideration of RICO.
Procedural posture
Before the court were plaintiff creditor's motions to withdraw reference of two cases. The motions originated from separate adversary actions currently before the bankruptcy court. The adversary cases were filed by the creditor against defendants, chapter 7 debtors, under 11 U.S.C. § 523(a), alleging that each debtor had nondischargeable debt arising from allegedly fraudulent acts.
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Court
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Napolitano v. Hourigan (In re R.J. Patton Co.)
Nov
30
2006
Ruling
Motion for withdrawal of preference proceeding in which creditor was entitled to jury trial denied without prejudice to renewal at time of trial.
Procedural posture
Pursuant to U.S. Const. amend. VII, 28 U.S.C. § 157(d), Bankr. D. Conn. R. 5011-1, defendant creditor moved for the court to withdraw its reference of the case to the Bankruptcy Court and to transfer it for a jury trial before the court. Plaintiff bankruptcy trustee did not file a response to the motion.
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Court
:
- 28 U.S.C.
Community State Bank v. Lynch Dallas PC (In re Allen)
Nov
28
2006
Ruling
Complaint seeking turnover from non-debtor corporation was not related to bankruptcy.
Procedural posture
Plaintiff creditor filed a complaint against defendants, debtors, their former business corporation, their attorneys and the chapter 7 trustee. The creditor sought turnover of $15,000 which it asserted was collateral pledged by the corporation. The complaint also sought to except the debt from discharge under 11 U.S.C. § 523(a)(6). Defendants moved to dismiss the request for turnover for lack of subject matter jurisdiction.
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Court
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Davis v. Deutsche Bank Natl Trust Co. (In re Davis)
Nov
20
2006
Ruling
Reference withdrawn as to adversary proceeding claiming predatory lending practices that could be consolidated with similar civil suit stayed by bankruptcy filing.
Procedural posture
Chapter 13 debtors filed an adversary proceeding in the bankruptcy court against defendants, their original mortgage lender, the lender's assignee, and a mortgage broker, seeking recission and other remedies under state law and the Truth in Lending Act, 15 U.S.C. §§ 1601, et seq. Defendant two moved to withdraw the reference to the bankruptcy court pursuant to 28 U.S.C. § 157(d).
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Court
:
- 28 U.S.C.
Davis & Dingle Dentistry PA v. E-Z Pay Servs. (In re E-Z Pay Servs.)
Nov
02
2006
Ruling
State law action for breach of contract and conversion remanded as it was not a core proceeding and only remotely related to bankruptcy.
Procedural posture
Plaintiff filed a motion to remand an action for breach of contract and conversion to state court in response to a notice of removal to the bankruptcy court under 28 U.S.C. § 1452(a).
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Court
:
- 28 U.S.C.
Master-Halco Inc. v. Richard DAngelo & Rickster Assocs. LLC
Oct
11
2006
Ruling
Litigation that sought to recover estate assets was a core proceeding.
Procedural posture
Plaintiff company sued defendants, a limited liability company and a member, in which it asserted multiple claims alleging defendants and another company and its principle (debtors) created various companies and trusts to transfer the debtors'assets out of the reach of creditors. Defendants removed the action and moved to refer the case to the bankruptcy court. The company moved to remand.
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Court
:
- 28 U.S.C.
Hodges v. CIT Group (In re Hodges)
Oct
04
2006
Ruling
Rooker-Feldman doctrine did not deprive bankruptcy court of jurisdiction in adversary proceeding relating to state foreclosure judgment that was not final.
Procedural posture
Defendant mortgagee filed a motion for judgment on the pleadings against plaintiff debtor after debtor filed an adversary complaint for an order rescinding his mortgage with defendant based on federal and state statutory violations he claimed occurred when the loan was made. At issue was whether the court lacked jurisdiction by reason of the Rooker-Feldman doctrine.
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Court
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In re Buran
Sep
12
2006
Ruling
Removed action for dissolution of corporation of which debtor owned 50% of stock referred to bankruptcy court.
Procedural posture
Prior to filing for bankruptcy, petitioner chapter 11 debtor filed a proceeding in a New York state court for dissolution of a corporation. The debtor removed the dissolution action to district court under 28 U.S.C. § 1452 and Fed. R. Bankr. P. 9027 and moved for referral to bankruptcy court. Respondent shareholder purported to move for remand to state court.
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Court
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