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§ 157(c)(1)

Comfort Care Transp. Prods. LLC v. Advantage Funding Commer. Capital Corp. (In re Around Town Transp. Prods. LLC)

Dec
23
2009
Ruling
Dispute over ownership of vans that were not property of debtor's estate was not "related to" debtor seller's bankruptcy and was dismissed.
Procedural posture

Plaintiff, a purchaser of five vans from defendant debtor, an entity in the business of selling customized vans, filed a complaint seeking a determination as to the ownership of the vans. Before the court was a Motion to Dismiss Complaint, filed by defendant creditor.

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Commercial opinion summary, case decided on December 23, 2009 , LexisNexis #0310-028
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GAF Holdings LLC v. Rinaldi (In re Farmland Indus.)

Jun
10
2009
Ruling
Bankruptcy appellate panel erred in holding that bankruptcy court lacked subject matter jurisdiction over tort claims of unsuccessful bidder on chapter 11 debtor's assets.
Procedural posture

Appellee, the unsuccessful bidder in a sale of a chapter 11 debtor's assets, appealed after the Bankruptcy Court for the Western District of Missouri dismissed the tort claims that it asserted against appellant asset purchasers. The bankruptcy appellate panel (BAP) sua sponte found that the bankruptcy court lacked jurisdiction over the complaint. The purchasers challenged that decision. The bidder moved to dismiss the appeal.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 10, 2009 , LexisNexis #0709-069
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In re Merit Transp. Co. LLC v. Pilgrims Pride Corp. (In re Merit Transp. Co. LLC)

Sep
02
2008
Ruling
Bankruptcy court recommended withdrawal of reference of debtor's collection proceeding in which defendant was entitled to jury trial.
Procedural posture

Defendant corporation filed a motion for withdrawal of the reference to the bankruptcy court in plaintiff debtor's adversary proceeding, which sought payment on an account for services provided.

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Commercial opinion summary, case decided on September 02, 2008 , LexisNexis #1208-058
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Grimes v. First-Citizens Bank & Trust Co. (In re Grimes)

Mar
31
2008
Ruling
Negligence action against bank and its officials would benefit creditors and was related to debtor's bankruptcy.
Procedural posture

Plaintiff debtor objected that the bankruptcy court lacked jurisdiction under 28 U.S.C.S. § 157(b)(5) to hear his action against defendants, a bank and its officials, for negligence.

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Consumer opinion summary, case decided on March 31, 2008 , LexisNexis #0408-094
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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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