- 28 U.S.C.
Shortsleeve v. Centurytel of Ala. LLC (In re Shortsleeve)
Sep
06
2006
Ruling
Debtor's cause of action under Fair Debt Collection Practices Act was not related to bankruptcy.
Procedural posture
Plaintiff debtor sued defendants, a creditor and a debt collector, asserting claims for alleged violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., and under 11 U.S.C. § 524 for violation of the discharge injunction. Defendants moved to dismiss the FDCPA claims per Fed. R. Civ. P. 12(b)(1) for lack of jurisdiction and to dismiss the 11 U.S.C. § 524 claims per Fed. R. Civ. P. 12(b)(6).
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Court
:
Smith v. Ace Ins. Co. Ltd. (In re BCE West L.P.)
Aug
31
2006
Ruling
Court declined to withdraw reference of proceeding seeking injunction preventing continuation of Bermuda arbitration proceeding.
Procedural posture
Plaintiff, a bankruptcy plan trustee, filed an adversary proceeding against defendants, an insurance company and its attorneys, for, inter alia, an injunction that would prevent defendants from proceeding with an action and arbitration in Bermuda, sanctions for violations of the Barton doctrine, and breach of contract. The matter was referred to a bankruptcy court. Defendants filed a motion to withdraw the reference to a bankruptcy court.
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Court
:
- 28 U.S.C.
Deceder v. Pennsylvania Higher Educ. Assistance Agency (In re Deceder)
Aug
31
2006
Ruling
State law unfair debt collection action was not related to bankruptcy.
Procedural posture
Defendant original creditor and intervening defendant successor creditor, filed a motion to dismiss chapter 7 debtor's claim, which sought damages pursuant to Mass. Gen. Laws ch. 93 and ch. 93A for the original creditor's allegedly unfair and deceptive debt collection practices.
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Court
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Hawaiian Airlines v. Mesa Air Group
Jul
31
2006
Ruling
Debtor airline's proceedings against competitor for breach of confidentiality agreement and turnover of property were core proceedings.
Procedural posture
Pursuant to 28 U.S.C. § 157(d), defendant competitor filed a motion to withdraw the reference of the lawsuit to the Bankruptcy Court for the District of Hawaii. The lawsuit, a bankruptcy adversary proceeding, was brought by plaintiff airline, a chapter 11 debtor, that alleged that the competitor breached a confidentiality agreement entered into in connection with the bankruptcy reorganization.
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Court
:
- 28 U.S.C.
West Vernon Energy Corp. v. Daniels
Jun
19
2006
Ruling
Bankruptcy judge abused discretion in retaining removed state case after dismissal of underlying bankruptcy.
Procedural posture
Plaintiff fuel oil supplier brought an action for breach of contract, breach of guaranty, account stated, and quantum meruit against defendants, a customer and the customer's president as guarantor. The matter was referred to a bankruptcy court as an adversary proceeding. The president's bankruptcy case was dismissed. Defendants sought withdrawal of the reference of the adversary proceeding and remand of the action to a state court.
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Court
:
Waldron v. National Fire Ins. Co. (In re EbaseOne Corp.)
Jun
14
2006
Ruling
Reference of state law indemnity action withdrawn.
Procedural posture
Plaintiff chapter 7 trustee, on behalf of debtor's estate and debtor's president and CEO, filed a Complaint against defendant insurer, alleging that it wrongfully failed to indemnify and defend the CEO under a corporate liability insurance policy to cover losses suffered as a result of claims for wrongful acts committed by directors and officers. Pending was the insurer's Motion to Withdraw Reference to District Court.
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Court
:
Gredd v. Bear Stearns Sec. Corp. (In re Manhattan Inv. Fund Ltd.)
Jun
01
2006
Ruling
Court denied broker's motion to withdraw reference and remanded case to bankruptcy court for further proceedings.
Procedural posture
Pursuant to 28 U.S.C. § 157(d), defendant securities broker moved for an order withdrawing an adversary proceeding from the bankruptcy court. Plaintiff chapter 11 trustee opposed the motion.
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Court
:
Premium of Am. LLC v. Sanchez (Premium Escrow Servs.)
May
23
2006
Ruling
Court ruled it lacked jurisdiction over claims since they were either not related to case or were non-core proceedings.
Procedural posture
The debtor marketed to investors interests in viatical insurance policies. Under the debtor's confirmed plan, a successor entity sued defendant doctor on both the debtor's claims and the investor-related claims against him for negligence and misrepresentation in determining life expectancies applied to the policies, which resulted in losses on the investments. The doctor moved to dismiss the adversary proceeding under Fed. R. Civ. P. 12(b)(1).
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Court
:
Reding v. Gallagher (In re Childs)
May
15
2006
Ruling
Law firm waived its right to withdrawal of reference for a jury trial since its withdrawal motion was not timely.
Procedural posture
Plaintiff bankruptcy trustees brought an adversary proceeding against defendants, two law firms and an attorney, alleging misappropriation of property belonging to estates of bankruptcy debtors. The only parties remaining in the case were the trustees and one firm and its attorney (collectively, the firm). The firm filed a motion under 28 U.S.C. § 157(d) for mandatory and permissive withdrawal of reference and transfer to the district court.
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Court
:
- 28 U.S.C.
Markus v. Fried (In re Geneva Steel LLC)
Apr
17
2006
Ruling
Trustee's claim against directors for breaches of fiduciary duties were deemed to be core proceedings since the directors had filed proofs of claim against the estate.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against, among others, defendant directors of corporate bankruptcy debtors, alleging that the directors breached fiduciary duties, and the directors counterclaimed for indemnification and compensation for services. The directors moved for a determination that the trustee's claims against the directors were non-core matters under 28 U.S.C. § 157.
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Court
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