- 28 U.S.C.
Nobilis Health Corp., In re--Giuliano v. Fleming
Jun
12
2024
Ruling
Breach of fiduciary duty claims against debtors' former officers and directors were corematters only as to defendants against whom equitable subordination was sought. (Bankr. D.Del.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.
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Court
:
- 28 U.S.C.
In re People Who Care Youth Ctr., Inc. -- People Who Care Youth Ctr., Inc. v. Ammec, Inc.
Sep
26
2023
Ruling
Court lacked authority to enter a final judgment in proceeding arising under state law absentthe consent of all parties, so proposed findings and conclusions had to be submitted to thedistrict court for de novo review. (Bankr. C.D. Cal.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.
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Court
:
- 28 U.S.C.
Art & Architecture Books of the 21st Century, In re--Leslie v. Ace Gallery N.Y. Corp.
Feb
16
2022
Ruling
Bankruptcy court lacked jurisdiction to enter a final judgment absent consent of all of theparties to plan agent’s non-core claims for conversion and breach of fiduciary duty againstdefendant. (Bankr. C.D. Cal.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.
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Court
:
- 28 U.S.C.
Smith, In re--BKGD, LLC v. Townsend
Apr
10
2017
Ruling
Abstention was warranted where relief requested could not be granted without determiningthat the trial court was wrong when it ruled that debtor had authority to transfer certaininterests. (Bankr. N.D. Ga.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.
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Court
:
- 28 U.S.C.
One World Adoption Servs., In re--Kerr v. American Alternative Insurance Corp.
Apr
10
2017
Ruling
Insurance coverage proceeding where the only causes of action were breach of a prepetitioncontract and request for declaratory judgment regarding parties' rights under that contract wasa noncore proceeding as neither cause of action invoked a substantive right created by thebankruptcy code. (Bankr. N.D. Ga.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.
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Court
:
- 28 U.S.C.
Cole v. James B. Nutter & Co. (In re Cole)
Jan
05
2017
Ruling
Debtors did not have a standing to bring claims without the trustee and trustee may not bejoined to cure debtor's problem with standing. (Bankr. W.D.N.C.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.
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Court
:
- 28 U.S.C.
Ally Fin. Inc. v. Miller (In re Miller)
Feb
09
2016
Ruling
Bankruptcy court could continue to exercise jurisdiction over tort, fraud and conversion claims that were related to debtors' bankruptcy.
Issue(s)
Should bankruptcy court dismiss claims of tortious interference, fraud, and conspiracy to commit fraud against debtors and non-debtors for lack of subject matter jurisdiction?
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Court
:
- 28 U.S.C.
Loveridge v. Hall (In re Renewable Energy Dev. Corp.)
Jul
02
2015
Ruling
District court erred in referring state law suit against former trustee to bankruptcy court without the consent of the parties.
Issue(s)
Was suit by former client of former trustee concerning the client's ability to enter into wind farm leases on the same properties were subject to debtor's leases, on which debtor had defaulted on payments, properly referred to bankruptcy court?
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Merv Props. LLC v. Fifth Third Bank (In re Merv Props. LLC)
Jan
17
2014
Ruling
Withdrawal of reference properly denied where claims could most efficiently be adjudicated in bankruptcy court.
Issue(s)
Should reference of debtor's action against bank for breach of contract and fraud be withdrawn?
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Court
:
- 28 U.S.C.
Schafer v. Nextiraone Fed. LLC
Jun
18
2012
Ruling
Adversary proceeding that could alter debtor's rights and impact administration was related to debtor's bankruptcy.
Procedural posture
Defendant filed a motion to withdraw the reference under 28 U.S.C.S. § 157(d). Chapter 7 trustee opposed the motion.
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Court
: