Nicholson v. Hyundai Capital America, Inc.

(W.D. Ky. May 2, 2017)

The district court denies the debtor’s motion to withdraw the referral of one count of her complaint to the bankruptcy court. The defendant had filed a motion with the bankruptcy court seeking to have the count dismissed because it was not a core claim. The debtor then sought an order withdrawing the reference to avoid litigating the jurisdictional question. The district court declines to grant the motion, stating that the bankruptcy court should rule on the motion to dismiss, as it has jurisdiction to consider the issue presented with the motion. Opinion below.

Judge: Russell

Attorneys for Plaintiff/Debtor: Whitford & Neuhauser, Ross B. Neuhauser

Attorneys for Defendants: Reimer Law Co., Dennis Mark Ostrowski; Smith, Rolfes & Skavdahl, Co., LPA, Neil P. Baine

2017-05-02 – in re nicholson

Author: Matt Lindblom

BCL-Sheffield, LLC v. Gemini Int’l, Inc. (In re Tolomeo)

The Seventh Circuit dismisses the appeal, holding that the bankruptcy court’s final order implementing the district court’s order directing turnover of assets to the bankruptcy estate was valid, because it resolved a core proceeding. The appellants contended that it was a non-core proceeding and thus required a district court order to be final. Opinion below.

Judge: Posner

Attorney for Appellants: Jordan Law P.C., Terrence M Jordan

Attorneys for Appellees: Levenfeld Pearlstein, LLC, Jason B. Hirsh, George J. Spathis, Sugar, Friedberg & Felsenthal, Elizabeth Vandesteeg

2016-08-11 – in re tolomeo

Author: Matt Lindblom

Irvin v. Faller

(W.D. Ky. May 7, 2015)

The district court denies the adversary proceeding defendant’s motion to withdraw the reference. The plaintiffs obtained a state court judgment against the defendant before the defendant filed his Chapter 7 petition. The plaintiffs then commenced the adversary proceeding to have the judgment declared non-dischargeable. The court first concludes that the motion was not timely filed, as it was filed nearly a year after the adversary complaint and after substantial briefing in the bankruptcy court. The court also concludes that the defendant failed to show cause for a discretionary withdraw of the reference because the non-dischargeability action was a core proceeding and the defendant was not entitled to a jury trial. Opinion below.

2015-05-07 – irvin v faller

Author: Matt Lindblom