- 28 U.S.C.
In re St. Vincents Catholic Med. Ctrs. of N.Y.
Mar
14
2011
Ruling
Bankruptcy court had jurisdiction to determine allowance and amount of state WARN act claim.
Procedural posture
The chapter 11 debtors filed an objection to a proof of claim filed by the New York State Department of Labor under the N.Y. State Worker Adjustment and Retraining Notification (WARN) Act. The debtors also sought an injunction under 11 U.S.C.S. § 105(a). Before deciding whether the WARN Act was applicable to the debtors, the court addressed the issue of whether the bankruptcy court was the appropriate forum for liquidating the claim.
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Court
:
- 28 U.S.C.
Yarbrough v. Green Tree Servicing LLC (In re Yarbrough)
Sep
29
2010
Ruling
Motion to compel arbitration of core proceedings denied.
Procedural posture
Plaintiff debtors filed a petition under Chapter 13 of the Bankruptcy Code, and defendant LLC filed a claim against the debtor's bankruptcy estate. The debtors filed an adversary proceeding against the LLC, claiming, inter alia, that the LLC conducted a commercially unreasonable sale of the debtors' mobile home and objecting to the LLC's claim, and the LLC filed a motion to compel arbitration and to stay the adversary proceeding.
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Court
:
- 28 U.S.C.
Crum v. Blixseth (In re Big Springs Realty LLC)
Feb
02
2010
Ruling
Trustee's avoidance proceeding was core and second count for return of distribution was related to debtor's bankruptcy.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendant former owner, seeking a determination that transfers a realty company made to the former owner before the company declared chapter 7 bankruptcy were avoidable under 11 U.S.C.S. §§ 544(b) and 547, and a return of the distributions under Mont. Code Ann. § 35-8-604. The trustee asked the court to find that her adversary proceeding was a "core proceeding" under 28 U.S.C.S. § 157(b)(2).
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Court
:
- 28 U.S.C.
Waccamaw Bank v. Millwork Specialties Inc. (In re Millwork Specialties Inc.)
Jan
26
2010
Ruling
Jury trial of adversary proceeding referred to district court unless parties stipulated to trial in bankruptcy court.
Procedural posture
Defendants, a chapter 11 debtor, another debtor, and two individuals, filed a motion to withdraw an adversary proceeding to the district court for the Eastern District of North Carolina for a trial by jury. Plaintiff creditor objected to the motion.
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Court
:
- 28 U.S.C.
Smith v. Regions Bank
Nov
06
2009
Ruling
Motion to withdraw reference of core proceeding denied in interests of uniformity and judicial economy.
Procedural posture
Plaintiffs, debtors, filed a motion to reconsider the bankruptcy court's decision granting defendants, bank and the mortgage company, stay relief, and to impose an injunction or restraining order to prevent the bank and the mortgage company from selling the property. As such, the court treated the debtors' filing as a request to withdraw the reference to the bankruptcy court and as a request for injunctive relief.
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Court
:
- 28 U.S.C.
Smith-Boughan Inc. v. Sun Trust Bank (In re GOE Lima LLC)
Sep
01
2009
Ruling
Stay of core proceeding granted to allow arbitration of dispute pursuant to underlying contract.
Procedural posture
Creditor brought an adversary proceeding against defendant bankruptcy debtor alleging that the debtor breached a contract whereby the creditor provided mechanical services in connection with construction of an ethanol facility on the debtor's property. The debtor moved for a stay of the proceeding pending arbitration.
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Court
:
- 28 U.S.C.
Moore Kershner LLC v. Moore Steele LLC
Mar
10
2009
Ruling
Action between debtor's current and former attorneys dismissed for lack of jurisdiction.
Procedural posture
Movant, a law firm that was the previous counsel of record for debtors in nine cases, filed a motion for omnibus relief against nonmovant, the successor law firm of record and the individual attorney who had been previously been a member of the former firm and had become a member of the latter firm. Pursuant to 11 U.S.C.S. § 105(a), the dispute was consolidated for resolution in one miscellaneous proceeding.
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Court
:
- 28 U.S.C.
Moshannon Valley Citizens v. Rosewood Real Estate Inc. (In re Moshannon Valley Citizens Inc.)
Feb
25
2009
Ruling
Action by debtor-in-possession against prospective purchaser for breach of contract was a core proceeding.
Procedural posture
Debtor-in-possession, the operator of a hospital, filed a Complaint seeking injunctive relief and damages for breach of contract against prospective purchasers of the hospital. The complaint alleged that the prospective purchasers were in breach of the purchase agreement and related security agreements.
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Court
:
- 28 U.S.C.
In re GWLS Holdings Inc.
Feb
23
2009
Ruling
Credit bid sale allowed free and clear of liens.
Procedural posture
The bankruptcy court authorized a credit bid sale of substantially all of the chapter 11 debtors' assets. The sale order stipulated that the purchased assets remained subject to a lien in favor of the first lien lenders, pending further order as to whether such claim could be credit bid and whether the debtors' assets could be sold free and clear of such lien. The parties submitted supplemental memoranda.
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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
:
Judge or Jurisdiction information not available