AEG Liquidation Trust v. Toobro NY LLC (In re American Equities Group Inc.)

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
Post-confirmation acts by liquidation trust to determine competing lien rights remanded to state court.
Procedural posture: 
Plaintiff liquidating trust created by a bankruptcy plan brought an action in state court against various defendants including a creditor asserting a lien against property against which the trust also claimed a lien. The creditor removed the action to the bankruptcy court, and the bankruptcy court sua sponte considered whether to remand the action to state court on equitable grounds pursuant to 28 U.S.C.S. § 1452(b).
Issue: 
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Commercial case opionion summary, case decided on November 29,2011, LexisNexis #1211-140