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judge arterton

Navom v. Mariculture Prods. Ltd.

Ruling
Removed state action for breach of contract and unjust enrichment referred to bankruptcy court as result would affect ability to satisfy creditors.
Procedural posture

Plaintiff filed an action against defendant company in a state court alleging breach of contract and unjust enrichment from a $1.47 million promissory note issued to her from the company. A trustee of the bankruptcy estate belonging to plaintiff's husband removed the case to the court. The company sought to refer the case to a bankruptcy court, and plaintiff sought to remand the matter to state court.

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Consumer opinion summary, case decided on October 29, 2008 , LexisNexis #1108-103

Master-Halco Inc. v. Richard DAngelo & Rickster Assocs. LLC

Ruling
Litigation that sought to recover estate assets was a core proceeding.
Procedural posture

Plaintiff company sued defendants, a limited liability company and a member, in which it asserted multiple claims alleging defendants and another company and its principle (debtors) created various companies and trusts to transfer the debtors'assets out of the reach of creditors. Defendants removed the action and moved to refer the case to the bankruptcy court. The company moved to remand.

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opinion summary, case decided on October 11, 2006 , LexisNexis #1106-134