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§ 157

Mirant Corp. v. S. Co.

Jan
10
2006
Ruling
Motion for withdrawal of a reference was granted since the action was more in the nature of a non-core proceeding than a core proceeding.
Procedural posture

The bankruptcy court recommended that the reference not be withdrawn as to an adversary proceeding filed by the jointly administered chapter 11 debtors and a creditors committee against defendant, one debtor's prior parent corporation, that asserted core and non-core claims under 28 U.S.C. § 157. The parent, who had requested a jury trial, had also requested transfer to Georgia after withdrawal.

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opinion summary, case decided on January 10, 2006 , LexisNexis #0306-103
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Grosser v. Lang (In re Northeastco Door & Millwork Co.)

Dec
21
2005
Ruling
Court abstained from hearing the breach of contact action and remanded it back to the state court since the bankruptcy court could not conduct a jury trial without consent of both parties, which the court did not have.
Procedural posture

Plaintiff seller of total interest in defendant corporate bankruptcy debtor brought an action in state court against the debtor and defendant principal of the debtor, alleging breach of the contract of sale. The bankruptcy trustee removed the action to the bankruptcy court after the debtor filed its bankruptcy petition, and the seller moved for abstention and to remand the action to state court.

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opinion summary, case decided on December 21, 2005 , LexisNexis #0306-102
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Dircks v. Global Fin. Credit L.L.C. (In re Dircks)

Aug
15
2005
Ruling
Court ruled it did not have jurisdiction over debtors'adversary action against a creditor since the trustee had abandoned the claims related to the action and thus had no effect on the estate.
Procedural posture

Plaintiff debtor and the debtor's wife filed a voluntary petition for bankruptcy protection under chapter 7 of the Code. The debtor and the debtor's wife filed an adversary action against defendant creditor to have the court declare as void a prepetition agreement between the parties.

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opinion summary, case decided on August 15, 2005 , LexisNexis #0106-126
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