(Bankr. E.D. Ky. Oct. 21, 2014)
The Sixth Circuit had determined that the bankruptcy court lacked jurisdiction over the adversary complaint. That determination was the result of an appeal of one of two judgments entered in the adversary proceeding. The bankruptcy court, in what appears to be a case of first impression, concludes that the judgment that was not appealed should stand because there was an arguable basis for jurisdiction at the time it was entered as to some of the counts. The court sets aside its judgment as to the counts for which it did not have an arguable basis for jurisdiction. The lengthy opinion (48 pages) is below.