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§ 157(b)(2)

New Cingular Servs. v. Burkhart (In re Wire Comm. Wireless Inc.)

Sep
16
2008
Ruling
Core nature of dispute did not preclude compelling arbitration pursuant to creditor's agreement with debtor.
Procedural posture

Appellant, a claimant in a chapter 7 debtor's bankruptcy case, challenged a decision of the Bankruptcy Court for the Eastern District of California, which denied the claimant's motion to stay appellee trustee's adversary proceeding against it in order to permit completion of an aborted arbitration hearing.

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Commercial opinion summary, case decided on September 16, 2008 , LexisNexis #1108-018
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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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Consumer opinion summary, case decided on November 14, 2007 , LexisNexis #0208-062
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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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Commercial opinion summary, case decided on September 21, 2007 , LexisNexis #1007-105
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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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opinion summary, case decided on November 02, 2006 , LexisNexis #1206-080
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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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opinion summary, case decided on June 19, 2006 , LexisNexis #0906-100
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