Southeast Landco LLC v. 150 Beachview Holdings LLC

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
Dispute between nondebtors over rights under rejected lease was not related to bankruptcy.
Procedural posture: 
Plaintiff brought an action against defendant, an owner of a leasehold, alleging a breach of a real estate contract as a result of a foreclosure sale of the owner's leasehold. The owner filed a motion to dismiss for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1). Plaintiff has asserted federal question jurisdiction under 28 U.S.C. § 1334 as a matter related to a bankruptcy proceeding of a non-defaulting interest holder.
Issue: 
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