Ferrara v. DAddario (In re Tinney)
Aug
06
2008
Ruling
Reference of debtor's action for legal malpractice in probate court proceeding withdrawn.
Procedural posture
Plaintiff, a bankruptcy trustee, filed an action against defendant attorney alleging that the attorney committed legal malpractice when he represented the debtor in certain probate court matters related to the estate of the debtor's deceased adoptive mother. The attorney filed a motion to withdraw the reference to the bankruptcy court, pursuant to 28 U.S.C.S. § 157(d).
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Court
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M Fabrikant & Sons Inc. v. Longs Jewelers Ltd.
Jun
26
2008
Ruling
Debtor's action for breach of prepetition contract was a non-core proceeding for which withdrawal of reference was appropriate.
Procedural posture
Plaintiff debtor voluntarily filed for chapter 11. Subsequently, it filed a complaint against defendant alleging it sold defendant $ 2,815,911 in diamonds and jewelry. Debtor sought $ 1,647,031 for goods sold to defendant prior to the petition date. Defendant filed its answer and jury demand. In its answer, defendant asserted defenses and counterclaimed. Before the court was defendant's motion to withdraw the reference from the bankruptcy court.
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Court
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Jagow v. Top Hill LLC (In re Townhomes at Hill Top LLC)
May
14
2008
Ruling
Complaint for declaratory judgment that plans and records were estate property was a core proceeding not subject to mandatory withdrawal of reference.
Procedural posture
Defendant creditors filed a motion for withdrawal of the reference under 28 U.S.C.S. § 157(d) to the bankruptcy court of plaintiff trustee's action for a declaratory judgment that the plans and records in the possession were estate property free from liens.
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Court
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In re Dana Corp.
Oct
03
2007
Ruling
Government's CERCLA claims were not subject to mandatory withdrawal.
Procedural posture
The United States of America ("Government") moved for a stay of the debtors'objection to the Government's proofs of claim and the related estimation procedures pending a decision from the district court on the Government's motion to withdraw the reference. The Government brought its claims under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA").
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Court
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Nicole Energy Servs. v. McClathey
Mar
26
2007
Ruling
Adversary proceeding that would not involve substantial decisions under non-bankruptcy law did not call for withdrawal of reference.
Procedural posture
Defendants filed a motion to withdraw the reference of an adversary proceeding from the bankruptcy court.
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Court
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Stratton v. Garcia
Feb
12
2007
Ruling
Fraudulent transfer proceeding involving consideration of state as well as federal law did not give rise to mandatory withdrawal.
Procedural posture
Debtor filed a chapter 7 bankruptcy and plaintiff trustee was appointed. The trustee sued defendant purchasers who had purchased real property from the debtor, seeking to have the sale avoided as a fraudulent transfer under 11 U.S.C. § 548 and various state law provisions. The purchasers filed a motion to withdraw the adversary proceeding from the bankruptcy court to the district court. The trustee did not oppose the motion.
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Court
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VWE Group Inc. v. Amlicke (In re VWE Group Inc.)
Jan
05
2007
Ruling
Motion for withdrawal of reference of non-core legal malpractice claim against debtor's prepetition counsel granted.
Procedural posture
Plaintiff, the official committee of unsecured creditors, filed an adversary proceeding against defendants, several former partners of a dissolved law firm that represented the debtor, and asserted malpractice claims based on their alleged failure to advise the Debtor to seek chapter 11 protection in a timely manner. Defendants filed a motion to withdraw reference and filed a jury demand.
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Court
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Sterling State Bank v. Mittelstaedt
Dec
21
2006
Ruling
Withdrawal of reference not appropriate where adversary proceeding required only routine consideration of RICO.
Procedural posture
Before the court were plaintiff creditor's motions to withdraw reference of two cases. The motions originated from separate adversary actions currently before the bankruptcy court. The adversary cases were filed by the creditor against defendants, chapter 7 debtors, under 11 U.S.C. § 523(a), alleging that each debtor had nondischargeable debt arising from allegedly fraudulent acts.
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Court
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Napolitano v. Hourigan (In re R.J. Patton Co.)
Nov
30
2006
Ruling
Motion for withdrawal of preference proceeding in which creditor was entitled to jury trial denied without prejudice to renewal at time of trial.
Procedural posture
Pursuant to U.S. Const. amend. VII, 28 U.S.C. § 157(d), Bankr. D. Conn. R. 5011-1, defendant creditor moved for the court to withdraw its reference of the case to the Bankruptcy Court and to transfer it for a jury trial before the court. Plaintiff bankruptcy trustee did not file a response to the motion.
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Court
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Davis v. Deutsche Bank Natl Trust Co. (In re Davis)
Nov
20
2006
Ruling
Reference withdrawn as to adversary proceeding claiming predatory lending practices that could be consolidated with similar civil suit stayed by bankruptcy filing.
Procedural posture
Chapter 13 debtors filed an adversary proceeding in the bankruptcy court against defendants, their original mortgage lender, the lender's assignee, and a mortgage broker, seeking recission and other remedies under state law and the Truth in Lending Act, 15 U.S.C. §§ 1601, et seq. Defendant two moved to withdraw the reference to the bankruptcy court pursuant to 28 U.S.C. § 157(d).
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Court
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